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What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 4:09 pm
by dukesean
So one of my friends was robbed in a parking lot at gunpoint a few months back, and I have been thinking about appropriate force in this situation (this was just one of several scenarios/outcomes I thought of, so if you have suggestions too I would like to hear them):
Bad Guy [pointing gun at me]: give me your money or I'll shoot you
me: ok calm down, I'm going to slowly take out my wallet and put it on the pavement for you [and i toss it to the side on the ground away from me]
BG walks to the wallet, bends down to pick it up, and I pull my concealed firearm. At this point am I under any obligation to say "drop your gun" or anything like that? Or am I perfectly within my rights to start shooting at BG while he is distracted? Also, considering that I tossed the wallet to the side and BG is picking it up, his side/back may be turned to me - would I still be OK to shoot?
sorry if my imagination seems silly but seriously I just want to consider all possible solutions
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 4:20 pm
by seamusTX
Shooting is justified because you are preventing aggravated robbery or recovering stolen property. You are not required by law to announce or "fight fair." Shooting someone in the back sounds bad, but if the robber has a weapon you're not likely to be charged.
- Jim
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 4:39 pm
by LedJedi
seamusTX wrote:Shooting is justified because you are preventing aggravated robbery or recovering stolen property. You are not required by law to announce or "fight fair." Shooting someone in the back sounds bad, but if the robber has a weapon you're not likely to be charged.
- Jim
+2
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 5:09 pm
by tboesche
seamusTX wrote:Shooting is justified because you are preventing aggravated robbery or recovering stolen property. You are not required by law to announce or "fight fair." Shooting someone in the back sounds bad, but if the robber has a weapon you're not likely to be charged.
- Jim
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 5:38 pm
by flb_78
IF, you wanted to be sporting, throw it way over his head and while he's running after it, shoot em!!!
But, No, there is nothing saying that you have to ask the bad guy if you can shoot him.
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 5:39 pm
by DoubleJ
actually, don't you have to blurt something witty, or Comic Book-esque??
some nice Peter Parker quip?
no?
oh, okay...
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 6:50 pm
by dukesean
Russell wrote:I thought witty quips were required by PC 9.32
PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other
under Section 9.31; and
(2) if the actor orally states a witty quip from Terminator 1, 2, or 3, or a reasonable
alternative before commencing to use said deadly force.
The law is clear in this situation.
nice, very nice. I'll pick out something from Dirty Harry.
Thanks for the clarification y'all
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 9:04 pm
by dihappy
What was it the law says regarding robbery "at night" vs daylight?
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 10:03 pm
by ELB
Seems to me that once the robber has produced a weapon, indicated he is robbing you, and threatened to shoot you, he is an imminent deadly threat, and fair game for shooting under that criteria, never mind trying to parse the rules for stolen property and all that.
I found the "witty quip" clause of PC 9.32 clever and amusing, but in reality I would not waste any breath or element of surprise giving my would-be murderer a heads-up. I would, however, quickly sidestep to throw off his aim as I drew my pistol.
elb
Re: What is appropriate - from a waiting room CHL holder
Posted: Mon Feb 11, 2008 11:34 pm
by Hyunchback
DoubleJ wrote:actually, don't you have to blurt something witty, or Comic Book-esque??
some nice Peter Parker quip?
Were you considering "Via con dios"?
Re: What is appropriate - from a waiting room CHL holder
Posted: Tue Feb 12, 2008 8:01 am
by seamusTX
dihappy wrote:What was it the law says regarding robbery "at night" vs daylight?
Robbery is always a justification for the use of deadly force. The night versus day element applies to theft.
§ 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
In plain English, robbery is stealing from a person with the use or threat of force.
- Jim
Re: What is appropriate - from a waiting room CHL holder
Posted: Tue Feb 12, 2008 9:30 am
by M9FAN
ELB wrote:Seems to me that once the robber has produced a weapon, indicated he is robbing you, and threatened to shoot you, he is an imminent deadly threat, and fair game for shooting under that criteria, never mind trying to parse the rules for stolen property and all that.
I found the "witty quip" clause of PC 9.32 clever and amusing, but in reality I would not waste any breath or element of surprise giving my would-be murderer a heads-up. I would, however, quickly sidestep to throw off his aim as I drew my pistol.
elb
+2