Will wrote: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.
If by "draw down" you mean produce a weapon.
My question is that my interpretation seems to be a bit different than some here. The part of the law says "threats as justifiable force." Expanded in the definition, it says, "
a threat to cause death or serious bodily injury by the production of a weapon or otherwise."
To me, it is saying that if you threaten someone that you will produce a weapon to use it, then that does not constitute the use of deadly force.
I think some are interpreting it to be if you threaten someone and produce the weapon at the same time, that does not constitute the use of deadly force.
If you are on your property that is totally fine, but if this scenario took place in a public parking lot would it apply the same.
IF you caught the suspect breaking in your vehicle and you said stop whatever you are doing and back up, cops on the way, etc, etc . The suspect is now interrupted and starts to walk towards your direction. There is no weapon visible, then you can make a threat to use deadly force and not brake the CHL law. But if you pull your weapon and threaten the suspect, then I think according to the law, you are failing to conceal because you were not justified at that point.
What do you think?