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by RPBrown
Sun Sep 25, 2011 9:23 am
Forum: General Texas CHL Discussion
Topic: Hypothetical Discussion
Replies: 20
Views: 2384

Re: Hypothetical Discussion

Teamless wrote:disparity in force is one thing, but for me it comes down to the question:
"Am I in fear for my life or severe bodily injury" (this could also be that I fear for others as well)

If I answer yes, regardless of size differences, I feel I should draw and can draw legally.

I am not as tall as you, but I have you beat in weight.
I am about 6' and 250lbs, most people see me and say I look like a big guy.
But I am over 40, not in the best shape (round!)and while I probably could defend myself against someone else, (depending on what they are doing) I am not sure myself that I could, and come out unharmed, as I have never had to fight (since I was a small child anyway).

So while there is the clause about "what would a reasonable person do", I think I know what I am capable of doing and fighting is not one of those things, even though I probably could outweigh my attacker.

You are 6'4, even in a good shape (and I would say that 235 at 6'4 is probably good shape), that doesn't mean that a scrappy 170lb 5'9 person couldn't run circles around out and couldn't harm you seriously.
Although I agree with the post above, to answer the specific questions as you asked:
1) If you were to lose your weapon in the altercation and if the other person did get it and had intentions to use it against you, unless you had a BUG you would be unarmed in the situation that you posted.
2) So lets say you do have a BUG, then I would say that you are justified in using deadly force at that point.

Now, size, although a portion of the problem, is not the only issue. I am 6'4 and 260ish but have a bad back, bad knees, and generally old and out of shape. With that I may be justified in more cases than you would be.

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