TexasCHLforum.com

zimmerdesignz wrote:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

So do you consider the situation to have elevated to where you would be justified with using force?

I think the key difference between this and "In a manner calculated to alarm" is Defense/Justified vs Offense/Unjustified.

At which point do you become justified? IMHO, when you anticipate receiving great bodily harm is enough for me. Especially if someone else could be in danger if you receive great bodily harm. Like your child in the car.

I would call 911 first just to let them know what happened. Just in case the other guy calls in too. They will believe the first one to call in.

LSUTiger wrote:

zimmerdesignz wrote:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

So do you consider the situation to have elevated to where you would be justified with using force?

I think the key difference between this and "In a manner calculated to alarm" is Defense/Justified vs Offense/Unjustified.

At which point do you become justified? IMHO, when you anticipate receiving great bodily harm is enough for me. Especially if someone else could be in danger if you receive great bodily harm. Like your child in the car.

I would call 911 first just to let them know what happened. Just in case the other guy calls in too. They will believe the first one to call in.

I would hope that your use of justified force would alarm the BG enough so that he would stop doing what caused you to display your handgun.

LSUTiger wrote:

zimmerdesignz wrote:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

So do you consider the situation to have elevated to where you would be justified with using force?

I think the key difference between this and "In a manner calculated to alarm" is Defense/Justified vs Offense/Unjustified.

At which point do you become justified? IMHO, when you anticipate receiving great bodily harm is enough for me. Especially if someone else could be in danger if you receive great bodily harm. Like your child in the car.

I would call 911 first just to let them know what happened. Just in case the other guy calls in too. They will believe the first one to call in.

But just walking up to you without weapon or aggression is not "FORCE" The beggar has not technically made a

a threat to cause death or serious bodily injury by the production of a weapon or otherwise

This action could leave you in a court letting a jury of peers decide if it was justifiable.

zimmerdesignz wrote:

LSUTiger wrote:

zimmerdesignz wrote:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

So do you consider the situation to have elevated to where you would be justified with using force?

I think the key difference between this and "In a manner calculated to alarm" is Defense/Justified vs Offense/Unjustified.

At which point do you become justified? IMHO, when you anticipate receiving great bodily harm is enough for me. Especially if someone else could be in danger if you receive great bodily harm. Like your child in the car.

I would call 911 first just to let them know what happened. Just in case the other guy calls in too. They will believe the first one to call in.

But just walking up to you without weapon or aggression is not "FORCE" The beggar has not technically made a

a threat to cause death or serious bodily injury by the production of a weapon or otherwise

This action could leave you in a court letting a jury of peers decide if it was justifiable.

Yup that is quite possible, but that is possible anytime you use or threaten to use force.

If a person panhandling late in the evening is approaching you and you say to him you aren't giving him any money, and he keeps approaching, he might be getting ready to attack. Let the guy get too close(keep in mind the 21 foot rule) and your pistol may not save you.

Having to hire a lawyer and prove we were justified is something we all have a chance of having to do. Some of us may have already. I will say, I much rather have to prove my justification in threatening force or risk beating a disorderly conduct rap than to have some guy try and stab me for money I don't have in my pocket.

Not sure if I'll open or conceal carry while fueling up at night. I guess I'll play it by ear.

Nothing like flogging a dead horse! The fact that there were two of them gives you disparity of force, had the second beggar jumped you and the first one came running back to add his weight to the equation you woukd have been overwhelmed by two men, the minute you felt apprehension, the second you perceived them as a threat, then they are a threat, maybe not a deadly threat yet, but still a threat, I really see no issues with your handling of the circumstances, you didn't tell then you would shoot them, you showed them you could defend yourself, and told them not to come any closer, absolutely nothing wrong with that!