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by OldCurlyWolf
Wed Mar 06, 2019 12:17 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

Papa_Tiger wrote:
Wed Mar 06, 2019 12:03 pm
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.
Aggravated Robbery in Texas at one time and probably still is defined as "Robbery committed using a weapon or the threat of a weapon". As I was taught a weapon doesn't have to be present, just saying "I have a weapon (Knife, Gun, etc.) or flashing a fake is enough.

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