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by Bodeneth
Fri Jun 16, 2017 4:10 am
Forum: General Texas CHL Discussion
Topic: Where do I find....?
Replies: 12
Views: 4028

Re: Where do I find....?

ELB wrote:
Abraham wrote:Is "disparity of force" in there somewhere?

...
Not directly. But:

"The threat of force is justified when the use of force is justified by this chapter."

and

"It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) 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."

"Disparity of force" would be one of the factors in deciding if you justified in using or threatening to use force or deadly force.
This is all good stuff.....only thing is.... my attorney states that if you ever have to display your gun to try and dissuade a potential attacker from attacking you, you should always call 911 immediately afterward and notify the police that someone was threatening an attack on you and that you had to display (not pull or point) your gun to stop their attack. Otherwise, the bad guy, since he now knows you are armed, can and often will call 911 and tell them you are a crazy person who pointed a gun at them. You'd possibly go to jail. Altho your atty would likely get you off the charges, it would be a real pain in the rear to deal with considering you were the actual victim.

If you are the first to call 911 in that situation, you probably would not be arrested, even if the bad guy called in second, saying you pointed a gun at them. The key is, be the first to call.

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