TexasCHLforum.com

srothstein wrote:A car can be a deadly weapon even if the intent was not to use it that way. A gun is always a deadly weapon. Penal Code section 1.07 defines terms and says:

(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

So a firearm is always a deadly weapon, even if it is a North American Arms .22 revolver that would fit inside you belt buckle and would have a sting about as bad as a bee. And a car is a deadly weapon if it is used that way, whether the intent was to do so or not (note the manner of its use clause).

The car part comes in as a weapon without any intent to use it as a weapon when someone is charged under the intoxication assault and intoxication manslaughter laws. There was no intent, but the manner of the use of the car was as a weapon, and it was clearly capable of causing serious bodily injury.

57Coastie wrote:

igc48 wrote:I do not understand how a vehicle can be a deadly weapon if there was no intent to use it as such. That means that if a vehicle is small you're pretty safe against killing someone accidentally so large vehicles should be outlawed.

Is a loaded handgun a deadly weapon if there is no intent to use it as such?

Jim

Crossfire wrote:If nothing else, let this be a lesson to all.

If you draw, show, or threaten another with your weapon, call 911 immediately!

The first caller gets to be the "victim". Don't let your attacker be the first caller!