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by Papa_Tiger
Wed Mar 06, 2019 4:50 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

Re: HB 3257 - Imitation firearm = firearm for criminal cases

montgomery wrote:
Wed Mar 06, 2019 4:14 pm
Skooter wrote:
Wed Mar 06, 2019 3:47 pm
montgomery wrote:
Wed Mar 06, 2019 3:20 pm
Papa_Tiger wrote:
Wed Mar 06, 2019 12:03 pm


... then we can legitimately state that we were in fear for our lives
I am not an attorney and this is not legal advice: Fear is not a legal requirement for justifiable use of deadly force in Texas. Completely irrelevant. What is relevant is did the mere appearance of the object cause a reasonable and prudent person to believe the item was real to pose immediate and imminent risk of grave bodily harm or death.
To-may-toe … To-mah-toe ..... We’re talking about the same thing…
No we are not. It is fear of grave bodily harm or death versus immediate and imminent grave bodily harm or death.
And then a prosecutor brings up, "A toy gun. He had a toy gun in his hand and Mr. Montgomery shot him to death." A lot easier to justify on multiple fronts for you and your defense if the law treats the toy gun used in the commission of a crime the same way it treats an actual firearm.
by Papa_Tiger
Wed Mar 06, 2019 12:03 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

Re: HB 3257 - Imitation firearm = firearm for criminal cases

KLB wrote:
Wed Mar 06, 2019 11:44 am
I can understand enhancing penalties for brandishing an imitation firearm, but I have misgivings for making the penalties the same as for a real one. That it's an imitation indicates there's no intention to harm anyone, so it seems a less serious offense to me.

Of course, brandishing an imitation firearm is stupid in that LEOs will reasonably perceive it as real.
The intent of the criminal using an imitation firearm is to cause the FEAR of bodily harm. They don't want to kill anyone, but they want to make it look like they are willing to kill someone to force the compliance. I see this change as legitimate especially since this only comes into play when the person is already committing a crime such as robbery.

This also gives LTC holders a bit more leeway since we might not know that it was an imitation firearm. If we respond and shoot the person committing the crime, then we can legitimately state that we were in fear for our lives because it looked like a real firearm and we took action to stop a felony.
by Papa_Tiger
Tue Mar 05, 2019 11:01 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1085

HB 3257 - Imitation firearm = firearm for criminal cases

https://capitol.texas.gov/BillLookup/Hi ... ill=HB3257

Equates imitation firearms (think realistic airsoft) with firearms when used in conjunction with a crime.

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