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This is a response to Liko81.

As I see it, PC §9.04 and §46.035 have nothing to do with each other.

PC §9.04 is intended to protect people from charges of "brandishing" (which doesn't exist in Texas) or deadly conduct if they produce a weapon in a situation where deadly force is not justified.

For example, if trespassers are on your property, you are perfectly justified in taking a shotgun when you tell them to leave. The trespassers cannot make a criminal complaint. That is not the case in some states.

The law would be equally effective if you were in any place you had the right to be with a long gun (which does not have to be concealed) and the use of force was justified.

PC §46.035 was part of the CHL bill and allows prosecution of a CHL holder in situations where the use of deadly force was not justified.

I don't know the specific details of either case that I mentioned, though there is a long thread about the road rage incident on this forum (sorry, I can't find it). It resulted in a conviction.

In the case of the guy who had teenagers beating on his car, you can damage most modern vehicles with your bare hands or shoes, so the use of force was probably justified. It was also at night, so arguably the use of deadly force was justified (to prevent the commission of criminal mischief in the night time). I think the police arrested the guy so they could sort things out at the station, and I don't know if charges were dropped or prosecuted.

The take-away lesson for me is to be very careful about drawing when the threat is not imminent. You can certainly call me overly cautious. Everyone has to decide these matters for himself.

- Jim

Liko81 wrote:Also, drawing a weapon is considered use of force other than deadly force in the state of Texas. It is therefore justified whenever such force would otherwise be justified; ...

I don't think that's true when it comes to CHLs not on their own property.

Please consider this law:

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(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.

I know of two cases where CHL holders have been prosecuted under this law. One was a road-rage incident where the other driver had not threatened the life of the CHL holder. The other involved kids who were banging on the CHL holder's vehicle while the CHL holder was inside.

- Jim

I have a slightly different opinion.

Being 6'4" makes you taller than about 98% of the population. That is a decided advantage. It's intimidating. I'm 6'1", and I'm somewhat intimidated by people who are taller than I.

I don't know if you have a beard or moustache. Facial hair can add to the intimidation factor, as do sunglasses (which are called for most days in Texas).

I believe the first notch in the spectrum of force is posture. If you stand upright and indicate that you are aware of your surroundings, most savvy bums will not bother talking to you.

The next step is the stern look. The next after that is a fighting posture. In 34 years as an adult, I have never had to go further than that.

Most bums, con artists, and criminals are looking for easy pickings. A few are extremely hardened (the kind that will fight cops) or are psychotic and out of touch with reality. I've been fortunate to run into only the first kind.

- Jim