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AustinBoy wrote:Thanks HotLeadSolutions but that doesnt not sound like a time when deadly force is justified.

Is deadly force justified when confronted with "Assault"?

Am I wrong?

Deadly force would not be warranted by vebal assualt, but remember that PC 9.04 says the production of a weapon to cause the apprehension that you will use deadly force if necessary, only counts as force...not deadly force. In this case, I feel you would be justified in producing your weapon, even though at that particular moment you would not be justified in using it.

The way it was explained to me, by a county DA is: If an officer would feel the need to draw a weapon, place yourself in his shoes...you also have the right to draw a weapon. **BUT** huge difference in drawing a weapon and pointing a weapon.

PC 9.04 -I believe- was written to give you the chance to produce your weapon BEFORE you should actually need to fire it.

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.

The underlined portion was written -I believe- to keep criminals from using this section as a defense when they produce a weapon for illegal purposes. If you remove the underlined portion the section takes on a WHOLE new meaning.

AustinBoy wrote:Glad everything worked out ok!!

I dont want to hi-jack this thread so can someone point me to more info on "assault by threat"?
Tried to do a search but no luck.

Thanks

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

Hope that helps.

gigag04 wrote:Had he gotten out and said he was coming to assault me, he would've been proned out and arrested/detained for assault by threat until local LE could pick him up. I would just hope a well meaning person (cop, CHL, MPA) doesn't shoot an off duty LEO for proning some guy out at gun point roadside....

That is why I think VERY CLEAR verbal commands are so very important. I think verbal commands (even if you have decided to squeeze the trigger) help to give those around you an idea of whats going on. Anything you can do (short of wearing a CHL tiara) to alert the public that you are the good guy should be done. That (getting shot by another CHL, LEO MPA) is one of my biggest concerns about having to use my weapon in public.

Have you considered the possibility of mounting a holster in your car for faster access to your firearm? I mounted one on the front of my seat, right between my legs that I can access with either hand. Sometimes sealtbelts lockup and make access to your weapon almost impossible.

I am glad you are ok and everything worked out.