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by pcgizzmo
Wed Feb 29, 2012 10:21 pm
Forum: General Texas CHL Discussion
Topic: What do you do if you draw your weapon w/o having to shoot?
Replies: 72
Views: 8742

Re: What do you do if you draw your weapon w/o having to sho

speedsix wrote:...alright...two got mad and one quit on me...and I'm still saying...READ THE LAW...it tells us what we can do and what we can't do...and when...and how...

...get mad if you must, but the law doesn't say if the threat of deadly force stops...don't shoot...it tells us when we are justified in using deadly force...it doesn't say if the bad guy leaves the scene, don't shoot...it doesn't say those things at all...it's not about whether he's not standing there pointing a gun at us.
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Man, I have to totally disagree here. If the threat of deadly force stops you are no longer justified in using deadly force again the aggressor.

PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

Once the aggressor turns to leave you can no longer reasonably believe force is immediately necessary. Once he drops his weapon. Once he puts his hands up etc. etc.

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