Threatening Deadly Force/Use of Deadly Force

[Jumping Frog]

Not understanding your point. If I can NEVER have my gun in plain view under MPA, then what is point of carrying it under MPA? Only reason to carry it is in case you ever need to use it for self defense and you can't do that without putting it in "plain view" - 9.04 (and other sections of PC Chapter 9) justify using gun for self defense and thus implies the justification to use them in "plain view" or to "unconceal" - otherwise, again, what's the point of MPA if you'd just get busted for violating PC 46.02 (a-1) (1) "plain view" any time you justifiably use it?

It is unlawful to display the firearm under any normal circumstances.

If you are in imminent threat of deadly force while carrying under MPA, then your defense against UCW stemming from showing your handgun becomes the Necessity defense:

PC §9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm
sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

[kjolly]

In the real world, you do not have time to sort out all of these ramifications. You will do what you have to do when the time comes. Worrying about these nuances are going to slow you down and make you a victim. I'm old and have seen enough to know that a fistfight can be deadly whether you precieve it as such or not at the beginning. Armchairing this will not work when push comes to shove. Keep your head up and watch your surroundings, Disengage, try to separate distance from the confrontation, verbaly desculate if there is oppotunity or time but stand ready to do what must be done without hesitation if the worst is happening.

[Heartland Patriot]

In the real world, you do not have time to sort out all of these ramifications. You will do what you have to do when the time comes. Worrying about these nuances are going to slow you down and make you a victim. I'm old and have seen enough to know that a fistfight can be deadly whether you precieve it as such or not at the beginning. Armchairing this will not work when push comes to shove. Keep your head up and watch your surroundings, Disengage, try to separate distance from the confrontation, verbaly desculate if there is oppotunity or time but stand ready to do what must be done without hesitation if the worst is happening.

[JJVP]

In the real world, you do not have time to sort out all of these ramifications. You will do what you have to do when the time comes. Worrying about these nuances are going to slow you down and make you a victim. I'm old and have seen enough to know that a fistfight can be deadly whether you precieve it as such or not at the beginning. Armchairing this will not work when push comes to shove. Keep your head up and watch your surroundings, Disengage, try to separate distance from the confrontation, verbaly desculate if there is oppotunity or time but stand ready to do what must be done without hesitation if the worst is happening.

He who hesitates loses (dies). Better be judged by 12 than carried by 6.

[sugar land dave]

The problem is bad guys do everything to put a potential victim at a disadvantage. They come in larger numbers, they do things to close distance with stealth or guile, they do anything to put the target at a large disadvantage. I think lawmakers recognized this and tried to balance the scales back towards giving a potential victim a chance before it would be too late. I hope all here recognize the problem of being late to the draw, ie: you may have an unobserved knife sticking in you or your throat slashed. I think that legislators hoped that the "reasonable" man would correctly recognize a threat and be legally able to respond with deterrence before being in a life or death struggle with the odds stacked against him.

I would hope that a "reasonable" law enforcement officer would then understand the situation. At least the potential victim would be alive to have a chance to explain it.

Finally, I think that anybody that uses his firearm, even if for justified self defense, is in deep trouble. Psychologically and economically, your life would never be the same as before.

[The Annoyed Man]

In the real world, you do not have time to sort out all of these ramifications. You will do what you have to do when the time comes. Worrying about these nuances are going to slow you down and make you a victim. I'm old and have seen enough to know that a fistfight can be deadly whether you precieve it as such or not at the beginning. Armchairing this will not work when push comes to shove. Keep your head up and watch your surroundings, Disengage, try to separate distance from the confrontation, verbaly desculate if there is oppotunity or time but stand ready to do what must be done without hesitation if the worst is happening.

I don't know why, but your post reminds me of this humorous bit:

U.S. Marine Corps Rules:

1. Be courteous to everyone, friendly to no one.
2. Decide to be aggressive enough, quickly enough.
3. Have a plan.
4. Have a back-up plan, because the first one probably won't work.
5. Be polite, be professional, but have a plan to kill everyone you meet.
6. Do not attend a gunfight with a handgun whose caliber does not start with a "4."
7. Anything worth shooting is worth shooting twice. Ammo is cheap. Life is expensive.
8. Move away from your attacker. Distance is your friend. (Lateral & diagonal preferred.)
9. Use cover or concealment as much as possible.
10. Flank your adversary when possible. Protect yours.
11. Always cheat; always win. The only unfair fight is the one you lose.
12. In ten years nobody will remember the details of caliber, stance, or tactics. They will only remember who lived.
13. If you are not shooting, you should be communicating your intention to shoot. (...apropos this thread topic...)

Navy SEALS Rules:

1. Look very cool in sunglasses.
2. Kill every living thing within view.
3. Adjust speedo.
4. Check hair in mirror.

U.S. Army Rangers Rules:

1. Walk in 50 miles wearing 75 pound rucksack while starving.
2. Locate individuals requiring killing.
3. Request permission via radio from "Higher" to perform killing.
4. Curse bitterly when mission is aborted.
5. Walk out 50 miles wearing a 75 pound rucksack while starving.

U.S. Army Rules:

1. Select a new beret to wear.
2. Sew patches on right shoulder.
3. Change the color of beret you decide to wear.

US Air Force Rules:

1. Have a cocktail.
2. Adjust temperature on air-conditioner.
3. See what's on HBO.
4. Ask "what is a gunfight?"
5. Request more funding from Congress with a "killer" PowerPoint presentation.
6. Wine & dine 'key' Congressmen, invite DOD & defense industry executives.
7. Receive funding, set up new command and assemble assets.
8. Declare the assets "strategic" and never deploy them operationally.
9. Hurry to make 1345 tee-time.

US Navy Rules:

1. Go to Sea.
2. Drink Coffee.
3. Watch movies.
4. Deploy the Marines.