TexasCHLforum.com

txinvestigator, I just wasted your time, as well as my own. I did not read 9.04 correctly. I see now that SS 9.04 allows production of a weapon to create the aprehension of it's use, when threatened.

Sorry...

Ok, so you feel that these 3 young men are up to no good, and continue to approach. You have verbally advised them that you feel threatened, and that you intend to defend yourself. Finally you have revealed your carry piece.

This presents a few questions from me...

1. You have exposed your firearm. Whether drawn and sighted on the intended target or not, it is revealed. Perhaps you are justified, perhaps not. But if you are going to reveal it, why not go all the way and draw it and take defensive posture? Technically, there is no difference. Showing it is showing it, right?
2. Why reveal your defense, and not be fully prepared to use it? What I mean by this is, reveling it may cause the BG to turn and run, or back down, but in a worse case, what would prevent him from drawing his weapon if armed? With so many hard choices and decisions to make during this ordeal, calculating your draw and speed thereof, would not be something I would want to worry about.
3. At what point did you fear your life or severe bodily harm? Heck, there are aggressive enough sales people out there that they could seem like a threat when they were more of a nuisance. Based on the scenario, yes, there is reason to believe they "may" have weapons, or "eventually" cause harm. According to the law, you can not even expose your weapon unless you are legally able to defend yourself and others from eminent death or bodily harm [sic]. More on this below, I have a big beef with this...
4. This entire scenario, you have the lower hand. If these are hardened BGs, and have no respect for the law, every one of your precautionary measures raises their awareness that you are going to be a problem, and they may go right to drawing and shooting.

While in Texas we have the means and measures to legally carry a firearm, the laws seemingly keep us from being able to use that defense until, in my opinion, it is too late. Who defines eminent harm? If someone is within 7 yards of you, the danger is already there and you have almost no time to react as an average citizen. Are we expected to get into a fist fight with someone and hope that we are a better fighter? No? So when confronted by someone in a fist fight, are we to be able to draw and stop that threat using deadly force? What would a jury of peers say? It's just a fist fight? What if you would have been kicked while you were down, in the head? That is serious bodily injury or possible death.

Anyway, this could go on forever. My point is that regardless of the situation, the choices we have to make to abide by the law will either get us killed, or in jail. That is just my opinion, YMMV. Sorry if this seems rantish...[/list][/list]