Search found 1 match

by srothstein
Wed Jul 28, 2010 9:08 pm
Forum: General Texas CHL Discussion
Topic: Drawing weapon to scare threat away
Replies: 43
Views: 8942

Re: Drawing weapon to scare threat away

Umm, the law and the courts seem to disagree on this issue. As I read the law, it is clear that you can pull your weapon and threaten to use deadly force anytime the use of force is justified. But you cannot shoot until deadly force is justified. The problem with this is that a gun is pretty much useless if you make a threat and the suspect does not believe you. As was already posted, what do you do? What do you do if he does not come at you but just keeps doing what he was doing (stealing during daytime for example)? And, you possible problem is what to do when he thinks he was in the right and your threat of deadly force justifies his use of deadly force on you? He now has a great defense for shooting you.

But, I seem to remember that there was a court case that was very different in its interpretation of the law. I don't recall the citation but I think Charles has posted it here. The court ruled that you can only threaten deadly force when deadly force is justified, even though it is just force. I am sure someone else can get the citation again, if I am remembering it correctly.

Return to “Drawing weapon to scare threat away”