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Legal Q's regarding use of non-gun lethal force.

Posted: Mon Jun 01, 2009 8:04 pm
by surprise_i'm_armed
We discuss the letter of the CHL laws and the proper use
of our firearms under the law. We are "gun-centric" you
might say because we are licensed to carry our weapons,
so that's our focus.

Well some of the members carry knives as backup weapons.

What do the Texas laws have to say about the use of lethal
force weapons other than guns? Knives, baseball bats, anything
that might be at hand when you are attacked by an evildoer?

I would assume that if you are the GG and you are attacked by a
BG with a gun or other deadly weapon, that the state of Texas
would give us a "pass" for anything that we could grab to defend
ourselves or others.

The floor is now open.

Re: Legal Q's regarding use of non-gun lethal force.

Posted: Mon Jun 01, 2009 8:10 pm
by dicion
As far as I understand it, Lethal force is lethal force, no matter the method.

If someone pulls a gun on you, and you manage to stab them in the neck, killing them, you would be justified IMO.

If someone pulls a knife on you, and you use a nearby brick to smash their head, so the force stops being applied, same deal.

IIRC, Nowhere in the 'deadly force' legalities does it specify 'firearm'. Any object that is capable of 'deadly force' is justified to respond with.
ยง 9.01. DEFINITIONS. In this chapter:
(1) "Custody" has the meaning assigned by Section 38.01.
(2) "Escape" has the meaning assigned by Section 38.01.
(3) "Deadly force" means force that is intended or
known by the actor to cause, or in the manner of its use or intended
use is capable of causing, death or serious bodily injury.

Re: Legal Q's regarding use of non-gun lethal force.

Posted: Mon Jun 01, 2009 8:38 pm
by Skiprr
dicion wrote:IIRC, Nowhere in the 'deadly force' legalities does it specify 'firearm'.
You are correct. The words "firearm," "handgun," or "gun" appear nowhere in Penal Code Title 2, Chapter 9. Nor do the words "knife" or "blade."

For those who need some evening reading, here's a link: http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm. It's extremely important to understand this chapter of the Penal Code. It is, after all, included in the DPS CHL handbook and should have been covered in the CHL class.

Re: Legal Q's regarding use of non-gun lethal force.

Posted: Mon Jun 01, 2009 9:06 pm
by surprise_i'm_armed
dicion and Skiprr:

Thanks for the response. Yes, I now recall this being in
my copy of CHL law, but you have to admit that all this
legalese makes for a snoozer of a reading assignment.