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by RottenApple
Thu Mar 03, 2022 9:51 am
Forum: Self-Defense Reports
Topic: IL: Man is killed trying to grab a CHL's gun during potential road rage
Replies: 31
Views: 16633

Re: IL: Man is killed trying to grab a CHL's gun during potential road rage

jerry_r60 wrote: Thu Mar 03, 2022 9:10 amYou have your scenario of someone uses mean words and pushes you so you pull your gun but don't shoot. You pull it "as a warning" or to be prepared. It's my opinion at that point that you yourself have threatened deadly force and lose any self defense claim.
This would not be true in Texas (given the scenario being discussed). TPC 9.04 states:
Sec. 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.

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