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by Skooter
Wed Mar 06, 2019 3:47 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1122

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

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…
by Skooter
Wed Mar 06, 2019 3:11 pm
Forum: 2019 Texas Legislative Session
Topic: HB 3257 - Imitation firearm = firearm for criminal cases
Replies: 12
Views: 1122

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

Although the person may not have an intention to harm anyone; the escalation of fear (aka. “Pucker-Factor” is still the REAL. A person or LEO might respond with deadly force which could inadvertently cause harm to a bystander or victim. Using a “fake” weapon SHOULD carry the same penalty as if they used a real weapon.

Try screaming that you have a “bomb” next time you’re on an airplane. You might not have a real bomb; however, you are endangering the lives of others by doing so.

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