TexasCHLforum.com

LSUTiger wrote:

zimmerdesignz wrote:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

So do you consider the situation to have elevated to where you would be justified with using force?

I think the key difference between this and "In a manner calculated to alarm" is Defense/Justified vs Offense/Unjustified.

At which point do you become justified? IMHO, when you anticipate receiving great bodily harm is enough for me. Especially if someone else could be in danger if you receive great bodily harm. Like your child in the car.

I would call 911 first just to let them know what happened. Just in case the other guy calls in too. They will believe the first one to call in.

Keith B wrote:OK, so I started this by saying to the OP you should use caution by doing what someone said was 'just going from concealed to open carry' to deter someone from approaching you. Let me restate my view.

If there is no threat, and you are not trying to 'flash' your handgun at someone to deter them, then just removing your cover is not illegal and should not be a problem in a non-30.07 environment.

If you are going from concealed to displaying your firearm in an attempt to deter someone from approaching, then you must be in a situation where the use of force would be justified. While Texas does not have a 'brandishing' law, the disorderly conduct charge could be brought if there was really not justification for use of force in displaying your weapon in deterring an approaching person.

So, yes, we have the right to use this method to use stop someone who you really feel is a threat, but you must be very careful that it is not someone who maybe really wasn't a threat and decides they are going to call 911 and report a person who threatened them with a gun and gives them your license plate number.

Mavs00 wrote:IANAL, but my understanding to is that there is a distant difference in the eyes of the law between a "display" and "discharge" of a firearm here in TX. You are allowed to display (which is what the OP did) a firearm in any situation that you would be authorized to use "force" (such as punching the dude in the face).

I would ALWAYS caution even DISPLAYING (which includes everything from showing it to pointing it at the threat) firearm, even if authorized to do so by law, unless absolutely necessary. If not for the legal ramifications, the simple displayin

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

suthdj wrote:

mikebass78 wrote:EVERYTHING IMO

OK, the OP...."switched" from CC to OC...in a manner to cause panic.
Having his hand on his weapon was never the issue..
Read his response, the 2nd perp FLED,or in other words (panicked)

Your life, your choice. His life, his choice.