I agree, I misread the statute. Only justified use of force is required by the statute, not deadly force. Sorry for the confusion.
However, I still think you might have your hands full trying to prove your intent. I hope I never have to find out.
Search found 2 matches
Return to “Drawing weapon to scare threat away”
- Wed Jul 28, 2010 10:22 pm
- Forum: General Texas CHL Discussion
- Topic: Drawing weapon to scare threat away
- Replies: 43
- Views: 8512
- Wed Jul 28, 2010 8:35 pm
- Forum: General Texas CHL Discussion
- Topic: Drawing weapon to scare threat away
- Replies: 43
- Views: 8512
Re: Drawing weapon to scare threat away
This should have been covered in your CHL class.
"PC §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."
In other words, you are justified to use the threat of deadly force only if you would be justified in using deadly force.
Suppose you pull you weapon and threaten to use it and the guy just gets mad and comes at you. You just escalated the situation by brandishing your weapon.
IANAL... just food for thought.
"PC §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."
In other words, you are justified to use the threat of deadly force only if you would be justified in using deadly force.
Suppose you pull you weapon and threaten to use it and the guy just gets mad and comes at you. You just escalated the situation by brandishing your weapon.
IANAL... just food for thought.