We had a guy in our class that said he had charges against him because he pulled a weapon on someone with a baseball bat in Austin.
The situation was supposedly an ex-boy friend showing up at their residence with a bat threatening them. It occurred in the front yard.
As the person with the bat advanced, he drew his weapon and told the person to drop the bat. He claimed that the LEO charged him with unlawful use of deadly force, even though he didn't fire. He stated that the "unlawful use of deadly force" was the drawing of the weapon, but the threat of force was the same as the use of force.
I'm not sure I understand that point of view.
Personally, I think there was more to it than that.
From my understanding, threat of use of force is legal in instances where threat of force is justified per TPC 9.04:
"§ 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."
And I believe someone threatening you with a baseball bat would fall under:
§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if the actor would be justified in using force
against the other under Section 9.31; and
(2) when and to the degree the actor reasonably
believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use
or attempted use of unlawful deadly force; or
But I'm no lawyer, so I'm sure I'm missing something.
Search found 1 match
Search found 1 match
• Page 1 of 1
- by foodawg
- Tue Apr 08, 2008 5:00 pm
- Forum: General Texas CHL Discussion
- Topic: A true scenario
- Replies: 11
- Views: 2185
Search found 1 match
• Page 1 of 1
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections