Search found 4 matches

by speedsix
Thu Mar 22, 2012 10:13 pm
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4619

Re: Threshold for legal justification of displaying/drawing

...you could do that...but based on the facts as the OP states them...my thought as I read this whole thread is "no time...no time"...they're too close and it's happening too fast...and while you're talking...they're closing in and pulling their weapons...in a lot of scenarios, you can talk or act but not both...this one says it's time to act...fast...or you could be overpowered even if they have no weapons...
by speedsix
Thu Mar 22, 2012 4:37 pm
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4619

Re: Threshold for legal justification of displaying/drawing

sugar land dave wrote:§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

....<snip>....

(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.

§ 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.

...yup, them's the ones...they seem to be at odds with each other to me...one says I'm defensible for displaying my pistol IF I would have been justified by Ch9 in USING DEADLY FORCE...


...the other says I am justified in threatening with deadly force even though I'm not justified in using deadly force...that burns my "not fair" buzzer slap off the wall...but I know it doesn't have to be fair to be legal...
by speedsix
Thu Mar 22, 2012 9:18 am
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4619

Re: Threshold for legal justification of displaying/drawing

...Boss, I've believed that the intent was as more clearly spelled out in PC46.035 (h)...but the wording in PC9.04 doesn't support my belief...so it's a matter of choice for me that I wouldn't show it unless I was justified in using it...thanks for your experience in researching it...
by speedsix
Thu Mar 22, 2012 7:19 am
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4619

Re: Threshold for legal justification of displaying/drawing

srothstein wrote:I believe that the statement on use of force sounds reasonably accurate. There may be other factors to be considered. One factor to consider is a court ruling that said it is illegal to threaten deadly force if deadly force is not justified.

But, Fromt he description, I think a robbery was about to be committed. And you may use deadly force to prevent a robbery. This makes the question of the threat moot.
VeeTee wrote:a) What should a "reasonably prudent" person have done next?
Well, I think I am a reasonably prudent person. I would take the one on the left first since the recoil will help me move my aim towards the one on the right. I have to admit that I would try the recommended shouting first, but if they did not stop, the one on the left goes first.

...could you possibly link to that court ruling??? I've argued that in the past since that law's wording seems to contradict the intent of other laws but never saw a court decision about it...

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