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Re: Deadly force: punch to the face
Posted: Fri Sep 05, 2008 11:54 am
by Carry Big Stick
Texas law allows the use of force and deadly force in the defense of a third person, if "the actor reasonably believes that his intervention is immediately necessary to protect the third person."
This guy definetly needed some immediate protection. I don't know if I would wait til after I have confronted the big guy to pull my weapon. Pretty tight quaters in there to draw on somebody who is watching you. Wouldn't you be justified in pulling your weapon under
PC s9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force
is justiied 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.
Also the one where the big guy beat the man sensless was in a pizza parlor full of people waiting for their food.
Re: Deadly force: punch to the face
Posted: Fri Sep 05, 2008 12:05 pm
by seamusTX
I agree that drawing would be justified if the attacker failed to break off the attack or turned on the defender.
However, if the cops got there before the situation completely calmed down, my guess is that everyone would be going to jail, with charges to be sorted out later.
That kind of crowded situation is very dicey. I don't know what was beyond the door, but the best tactic might have been to go outside and get some kind of cover or obstacle between yourself and the attacker.
- Jim
Re: Deadly force: punch to the face
Posted: Fri Sep 05, 2008 12:23 pm
by Carry Big Stick
seamusTX wrote:I agree that drawing would be justified if the attacker failed to break off the attack or turned on the defender.
However, if the cops got there before the situation completely calmed down, my guess is that everyone would be going to jail, with charges to be sorted out later.
That kind of crowded situation is very dicey. I don't know what was beyond the door, but the best tactic might have been to go outside and get some kind of cover or obstacle between yourself and the attacker.
- Jim

The best advantage would have been if the manager behind the counter was armed. He probably would have had plenty of cover back there.
all these stories just adds more to the saying that when seconds count police are only minutes away. Or you do call 911 and you get the dreaded message that all circuits are busy please call back, then nobody is on their way. I'm glad the gun on my hip won't ever tell me that.
Re: Deadly force: punch to the face
Posted: Fri Sep 05, 2008 3:14 pm
by crochetetc
Thanks for the replies. I am currently reading "The Concealed Handbook Guide" and going for my CHL class on 9/13.
Kristie
Re: Deadly force: punch to the face
Posted: Fri Sep 05, 2008 3:40 pm
by seamusTX
The Concealed Handgun Manual by Chris Bird is excellent. Just be sure you have the latest version if you rely on it for legal information. There were quite a few changes to state law in 2007 (to the advantage of honest citizens).
BTW, I'm guessing from your name that you are a woman. Women have a big advantage when it comes to judging self-defense incidents. You are not expected to go mano-a-mano with a 200-lb. thug.
I hope you enjoy your CHL class.
- Jim
Re: Deadly force: punch to the face
Posted: Mon Sep 08, 2008 6:59 pm
by bryang
Hi, Kristie, and welcome to the forum. This is definitely the place to come and learn from those that have the knowledge and experience.
That is an excellent book to read as you prepare for your class and like Jim said, be sure it is an up to date version. I got that book when I was preparing to take the CHL class, also. I have the fourth edition and need to update to the newer version. I use it as a reference and just like to reread it every now and then.
Good luck on your class, I am sure you will not have any problems.
-geo