Just to keep this in perspective, there are times when a CHL can draw his weapon and then not fire it. Even though the initial "deadly force" justification must be present, it's quite possible that the threat will cease at the sight of the CHL's weapon; at that point, deadly force would no longer be authorized, but the weapon is already out in the open.Charles L. Cotton wrote:TPC 46.035(a) makes it illegal for a CHL to intentionally fail to conceal his handgun. The only exception to this is found in TPC 46.035(h) which states:
(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.
Kevin
