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Return to “Threshold for legal justification of displaying/drawing”
- Thu Mar 22, 2012 3:38 pm
- Forum: General Texas CHL Discussion
- Topic: Threshold for legal justification of displaying/drawing
- Replies: 43
- Views: 4638
- Thu Mar 22, 2012 9:13 am
- Forum: General Texas CHL Discussion
- Topic: Threshold for legal justification of displaying/drawing
- Replies: 43
- Views: 4638
Re: Threshold for legal justification of displaying/drawing
One other thought too...
Most ATM machines have some sort of video monitoring. There's the video mounted on the ATM itself which would likely be very grainy and not very helpful because of its limited field of view, but there's usually also some sort of overhead video that would show the whole scene. It would be very helpful when showing the 21 foot rule, and your body language and then their continued closure on your space afterwards. I don't think a reasonable person would argue with the actions taken given they did not back off once you demonstrated that you were in fear of being attacked.
This same scenario at another location with no video could be uglier to work out in court afterwards.
Most ATM machines have some sort of video monitoring. There's the video mounted on the ATM itself which would likely be very grainy and not very helpful because of its limited field of view, but there's usually also some sort of overhead video that would show the whole scene. It would be very helpful when showing the 21 foot rule, and your body language and then their continued closure on your space afterwards. I don't think a reasonable person would argue with the actions taken given they did not back off once you demonstrated that you were in fear of being attacked.
This same scenario at another location with no video could be uglier to work out in court afterwards.
- Wed Mar 21, 2012 10:44 pm
- Forum: General Texas CHL Discussion
- Topic: Threshold for legal justification of displaying/drawing
- Replies: 43
- Views: 4638
Re: Threshold for legal justification of displaying/drawing
I'm no expert, but I'm 99% sure that I would have acted just like him. I would draw as soon as they cross a certain line of proximity. I would have at least drawn to where it's no longer holstered (the low ready). Their response to seeing my gun would tell me everything about their intentions. If they keep coming, it's likely going to get very ugly. Nobody approaches an armed person at an ATM unless they have bad intentions.
The law that backs up what you wrote above is here:
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 not lawyer, and I'm not expert other than 1) I read this forum a lot and 2) I stayed at a Holiday Inn Express last night.
The law that backs up what you wrote above is here:
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 not lawyer, and I'm not expert other than 1) I read this forum a lot and 2) I stayed at a Holiday Inn Express last night.