TexasCHLforum.com

Charles L. Cotton wrote: Again, I am not expressing an opinion as to the whether these devices are legal in Texas. I have my personal opinion, as opposed to a professional opinion, and I certainly have great concerns in the civil arena where I practice. Admittedly, I'm more concerned about an accidental gassing of an innocent person due to mistake or malfunction, but that is not my sole concern.

Regards,
Chas.

Points taken. Thanks Charles.

Charles L. Cotton wrote:The intent of Section 9.44 is not to prevent the use of deadly force (defined to include serious bodily injury) when it is warranted, but to prevent its automatic use without a human determining it is warranted.
For example, if the person entering your property had asthma or another respiratory condition, it could effect them more than the average person.
Regards,
Chas.

(some snips for brevity)
Serious question.
Here's the rub. Example:
BG breaks into my home, wife sprays him with OC. He has asthma, drops, dies.

Quote: "but to prevent its automatic use without a human determining it is warranted." Unquote.

#1. He is in my home uninvited. It's warranted. Period. Full stop.
#2. My wife is not a medical doctor, nor has she evaluated his medical records, therefore she does not know his medical history.
#3. How is her spraying him any different than a mechanical device when he comes thru a door or window?
#4. Here is where I have a problem with lawyers and the legal profession in GENERAL. My wife won't have time to determine his medical condition, or his intent. The beagles have days, weeks, & months to Monday morning quarterback and go over every nuance of an event that someone has literally a split second to decide.