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by Beiruty
Sat Aug 07, 2010 10:50 pm
Forum: General Texas CHL Discussion
Topic: Drawing weapon to scare threat away
Replies: 43
Views: 8601

Re: Drawing weapon to scare threat away

First, if someone shot an unarmed assailant, the actor better have one or more trusted eyewitness who witnessesed the confortation and verbal command by th actor to the assailant to stop and back off!
Otherwise, in the abscence of a witness, it is tough sell to explain that you havejust shot an aggressive teritorial bagger.
by Beiruty
Sat Aug 07, 2010 1:22 am
Forum: General Texas CHL Discussion
Topic: Drawing weapon to scare threat away
Replies: 43
Views: 8601

Re: Drawing weapon to scare threat away

Is punching someone considered legally an assault with deadly force? was anyone charged as such ?
The reason is that in those cases when an unarmed assailant is shot by CHLer only a jury will decide if the actor is justified or not.
by Beiruty
Wed Jul 28, 2010 10:29 pm
Forum: General Texas CHL Discussion
Topic: Drawing weapon to scare threat away
Replies: 43
Views: 8601

Re: Drawing weapon to scare threat away

Here's a scenario. A guy twice your size threatens to beat your ass to a pulp. He makes two fists, and he starts walking toward you. You would be justified in drawing your weapon and shouting, "Do not come any closer or I will shoot!" If he stops, your actions were justified. If he keeps coming, you are justified in shooting.
Is the threat of beating someone is an assault? justifying producing a deadly weapon as a threat to terminate the threat of physical assault? Not sure in this scenario we CHLer can prematurely draw. Now if the assailant proceed to throw punch whether landed or otherwise, it is another story. Talking tough is just that talking tough and kind of verbal intimidation.

Moreover, even if you are subjected to a punch, under the TX law, you are not automatically allowed to shoot and kill the assailant. I want to be proven wrong, but simple physical assault is not listed a defense to the use of deadly force
by Beiruty
Wed Jul 28, 2010 8:28 pm
Forum: General Texas CHL Discussion
Topic: Drawing weapon to scare threat away
Replies: 43
Views: 8601

Re: Drawing weapon to scare threat away

In case of robbery in progress, you are justified to use deadly force, or threat of force. I am not a lawyer, but this is is my understanding of the statues.
In case of verbal threat, provocation of fist fight, or even a fist fight, it is questionable. I will not draw, I will try to escape after I my attempt to deescalate. If cornered and no escape and with disparity of force, I will draw as a last resort.

Other will post reference to TX law.

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