Re: Brandishing a firearm.. on an unarmed man?
Posted: Sun Jan 27, 2013 4:40 am
You are right. I was having a brain malfunction. I'm still trying to get over the flu. Don't catch that stuff. It is no fun.JP171 wrote:TexasGal wrote:You do have the situation of disparity of force if your potential attacker is larger and more able bodied than you are, but don't let fear make you pull your gun in a situation where there is no actual danger "yet". For instance, a guy across the street says he is going to come over there and attack you, but has made no move to do so, his hands are empty, and he is clearly too far away to reach you before you could draw.
I like this website's explanation of Ability, Opportunity, Jeopardy, and Preclusion. If those concepts are not clear in your mind, the discussion can help you decide when is a good time to reveal your gun (in case you have to use it) and when it's best to choose another option if you have one. It discusses preclusion and stand your ground laws. Texas does have a law that allows you no duty to retreat in your home, place of business, and your car. And, "No", I'm not a lawyer so it's worth what you paid:Hopefully Charles will chime in.
http://www.activeresponsetraining.net/p ... understand
actually Texas says you do not have to retreat from anyplace you have the right to be, even if its not your home property or car, it could be at the local valero store, the way the law says it is, the LEO, judge DA or Jury(not spelled out like this) may NOT consider if you did or did not retreat, it says no where in the law that it MUST be at your home property or vehicle
. Be prepared for the unexpected. I couldn't believe the first time I had a person at gun point that turned and charged me screaming for me to shoot them. It is not what you expect, but actually normal. All that when I was in uniform. Be off duty or in a CHL role, you never know what is going to happen. Just food for thought.