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Sat Jun 01, 2013 6:21 pm
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 12578

Re: SB299 to Governor

Tracker wrote:Hi, I'm new to the forum

Question: Suppose I were to intentionally display a holstered firearm as threat of force to these three when they had stopped 25 feet away. Would I be committing a crime? My goal would be to defuse what I believed/perceived to be a threat before it ever got to a condition Red.
Again, WELCOME to the forum. I hope you get a lot out of it AND add a lot to it.

Your question is a valid one. I personally think it is helps in a critical situation if certain 'potential' situations are analyzed in advance so as the make the actual decisions of life and death and lawyers go a bit more efficiently. Obviously each ACTUAL situation must be addressed individually as no one can anticipate all the potential variables. It also works in defensive driving situations.

The answer to your question according to the new wording, in my mind, and I am not a lawyer, is it would be an illegal act to display your weapon given the situation you describe. The other people are still 25 feet away, they have make no actual threats and have violated no law.

The display of a weapon is considered a use of force. It is not justified to do so with no words exchanged (of a threatening nature), no imminent threat, no provocation, no use of force against you. You would have a very tough time with a jury given those circumstances.

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