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by DoubleJ
Fri Apr 03, 2009 2:14 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would it be legal to shoot this guy in the back?
Replies: 21
Views: 2809

Re: Would it be legal to shoot this guy in the back?

I'm not saying I would, or should...

but, you KNOW without a doubt, he isn't going to cap someone on his way out just to show "he's serious?"
he already produced a black pistol (EBP) and had to have pointed it, or displayed it in a threatening manner.

what's legal and what's prudent are not always the same things. that's all I'm saying.
by DoubleJ
Fri Apr 03, 2009 1:31 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would it be legal to shoot this guy in the back?
Replies: 21
Views: 2809

Re: Would it be legal to shoot this guy in the back?

tfrazier wrote:Nope! Not even with a warning.
http://tlo2.tlc.state.tx.us/statutes/do ... 009.00.htm
See subchapter C.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
I'm of the thought that while they are fleeing, they are still in the act of committing the crime.

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