Search found 2 matches

by sugar land dave
Thu Mar 22, 2012 7:10 pm
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4621

Re: Threshold for legal justification of displaying/drawing

This response will be specific to your scenario of guys forming a pincer formation, but may apply to others.

One thing that will help everyone in their decision making is to determine ahead of time, if you are a "reasonable man" as seen by the public in your day to day life. Be honest with yourself as to how your livelihood is seen by law enforcement and the public; think about the friends you hang out with and their reputation in the community. "Birds of a feather flock together" can either help or hurt you.

If you find in your own mind that you are a reasonable man, then your defensive line, and your instinct for imminent danger will extend a greater distance.

Personally, if potential BGs are between 25 to 30 feet and tripping my spider sense, I have the .45 out of the holster, still obscured from the potential BGs view and 14 self defense friends are available to protect me starting at low ready. If the potential BGs are within 21 feet when they clear the corner, I will have my BUG slipped out of my holster, still out of view, within my pocket. I can fire from within my pocket if I need to speed my defense. I will begin extending my offside hand and cautioning them once I have cleared my holster, and I am prepared to take action from low ready. If they ignore my warnings and continue, or if they charge before my warning, at those distances, I will not miss an open shot. That is why I go to the shooting range and respect the opportunity to train at real life encounter distances.

Awareness, knowledge, and confidence within yourself will project to make most BGs avoid you for a softer target. If they don't, you will be as prepared as you can be to defend yourself and others as needed. They may get you, but they will quickly realize that you intend to take them with you.
by sugar land dave
Thu Mar 22, 2012 12:24 pm
Forum: General Texas CHL Discussion
Topic: Threshold for legal justification of displaying/drawing
Replies: 43
Views: 4621

Re: Threshold for legal justification of displaying/drawing

§ 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.

Return to “Threshold for legal justification of displaying/drawing”