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Return to “Class A to Class C”

by jerry_r60
Sat Feb 21, 2015 1:04 pm
Forum: 2015 Legislative Session
Topic: Class A to Class C
Replies: 20
Views: 4353

Re: Class A to Class C

Keith B wrote:Displaying a handgun during the use of force is covered in the statutes
Sec. 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 displays the handgun in plain view of another person in a public place.
.......
(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 force or deadly force under Chapter 9.


So just drawing the handgun to be ready to use in the case of a perceived or actual threat would have a defense to prosecution.
As I follow what you are saying, someone is justified in showing their firearm because the situation also justifies using the firearm. While I agree with the concept in the law, does it really apply to the scenario given? In the scenario described, someone would be justified in using deadly force because they were approached?

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