TexasCHLforum.com

orc4hire wrote:

JLaw wrote: I'm not trying to play cowboy here, but aren't we as CHL holders allowed the decision of stopping this type of crime with our CCW's??? I do remember from the CHL class that a property owner must give us permission to protect their property, but what about their life???/quote]

[As CHL holders we have absolutely no more right than any other citizen to use force or otherwise intervene in a crime. No, not even a little bit. What we have, we hope, is more ABILITY to intervene successfully.]

Very well said, you get an A+

Tomcat

That said, lets roll tape on the statues:

§ 9.33. DEFENSE OF THIRD PERSON. A person is justified
in using force or deadly force against another to protect a third
person if:
(1) under the circumstances as the actor reasonably
believes them to be, the actor would be justified under Section 9.31
or 9.32 in using force or deadly force to protect himself against
the unlawful force or unlawful deadly force he reasonably believes
to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his
intervention is immediately necessary to protect the third person.


§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
person is justified in using deadly force against another:
(1) if he would be justified in using force against the other under Section 9.31;
(2) if a reasonable person in the actor's situation would not have retreated; and
(3) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to protect himself against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor.

(Okay, this is a long one.)

§ 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under
Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section 46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

bentcursor wrote:One thing I'd like more information on is the woman's statement that no one intervened - we don't know where the robbery was taking place - could have been in an alley or part of the sidewalk that was blocked from the passersby view. We don't know enough information to make a judgement in this case. And that is what's important in any intervention - having enough information and being able to decide in a split second how to react.

res1b3uq wrote: I guess none of us really know what our reaction would be unless actually presented with the situation.