Not necessarily:SHogun62 wrote:All jokes about these lunatics aside, I actually see a very problem possibly occurring.
Let's say that the woman who posted about yelling "he's got a gun", and taking off running actually does so. Now assume that this provokes a physical response from multiple people towards the individual that is carrying openly, and that person responds by drawing down on the two, maybe three people who rush them.
By my understanding of the law, the simple act of drawing your weapon constitutes deadly force, of course firing it certainly is.
THe problem I see here is A-No one can really identify the woman who yelled out, and took off running. B- The person carrying was potentially justified in drawing/firing their weapon at individuals who rushed them. So who is legally at fault in this situation? A woman who probably can't be identified, a law abiding citizen who defended themselves, or a few white knights who rushed the MWAG, and potentially paid for it with their lives?
Cut me some slack on this, I'm still new to carrying in Texas, just came back last December.
In your scenario, I would almost definitely be pulling my weapon. I'm an old fat guy that stands little chance against one 20-30 something attacker, much less two or more.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.
At that point, I sincerely hope I have successfully created "an apprehension that I will use deadly force if necessary" because if they don't break off their attack, we're all going to regret it.