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by jsk
Mon Jun 03, 2013 11:50 am
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 10935

Re: SB299 to Governor

Tracker wrote: Yeah, CJD, that's exactly what I'm asking. How would 299 affect my intentionally displaying a holstered gun.
"§ 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.
"

The bold part above applying to CHL holders is what's new with SB299, at least that's my understanding. But this only applies when the use of force is justified, and as others have pointed out your scenario doesn't really fit unless the situation were to further escalate due to actions by the other party.
It's situation like mine is why I'm in favor of open carry, as legal protection. My reasoning isn't to be able to walk around with an exposed gun like Oklahomans can (I'd rather not having anyone know I'm carrying) but to give me the judgment to display the holstered gun without the Class A legal recourse if I had reasonable belief my life was endanger.
:iagree: I think this would be a big advantage even for those who prefer to carry concealed, and I can think of lots of scenarios where being able to show a holstered weapon could diffuse a situation before it ever even starts.

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