TexasCHLforum.com

G26ster wrote:

JALLEN wrote:I thought the rule was never to display your weapon unless you were going to shoot (someone). None of this waving a gun around hollering "Stick 'em up or I'll shoot!" nonsense, like on TV.

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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Didn't have the exact text in front of me when I wrote the above, but G26ster found what I was talking about in section 9.04. I think the confusion lies in the idea that you should not pull your weapon unless you are justified in using it. I agree. That said, it does not mean that you have to shoot. Whether you are justified in drawing goes back to the feeling
threatened part above (meaning in fear for your life) and being able to clearly explain why you chose to take that action.


I had the thought about driving away if possible. Then the thought crossed my mind that the perp in question would try to
run me off the road. The police have already been called in this scenario and I assume they are already on the way. If we start moving they are trying to find a moving target. Tough call to decide what to do. Ultimately you will have to justify whatever action you take. Was it reasonable, given the circumstances? It would be prudent in any of these cases to have the 911 dispatcher on the phone during or immediately after the incident. You want to be the first to call in the situation.

As with any scenario, it depends on the circumstances. If you can articulate that based on the totality of the circumstances you were in fear for your life and a reasonable person would agree, then your actions will be easier to explain. The first scenario is in a gray area for me. Someone hitting the window hard enough to break it would cause fear for most. The display of a weapon is a threat of deadly force, which is not the same as the use of deadly force. It might seem like a good idea to try and drive away, but someone that irate will most likely follow you and now you have an even more dangerous scenario with bumper cars and others involved as well.

There was a situation in Houston not long ago where something similar happened and the woman in the car shot the man through her window while he was still outside her vehicle. No broken window by the man who the woman claimed aggressively approached her car. The case was going to a grand jury the last I heard...

Your second scenario is very cut and dried for me. Someone brought a knife to a gunfight. The display of a knife as an offensive tool is more than enough reason to aggressively defend myself if I so choose. It would also be much easier to explain to the police, attorneys and grand jury as to why there was a need to shoot if one chose to do so.