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by Jumping Frog
Sat Jun 01, 2013 12:39 pm
Forum: 2013 Texas Legislative Session
Topic: SB299 to Governor
Replies: 61
Views: 30096

Re: SB299 to Governor

Tracker wrote:Hi, I'm new to the forum
...Change the scenario: Let's say I'm in a similar situation (these days it could be the baggage claim area) but now I'm carrying. In my mind I want to defuse the situation before it gets too "hot". In this wide open terminal he had no need to come that close to me and invade my space. (Today, I could get hit with pepper spray before I have the time to react defensively.)

Question: Suppose I were to intentionally display a holstered firearm as threat of force to these three when they had stopped 25 feet away. Would I be committing a crime? My goal would be to defuse what I believed/perceived to be a threat before it ever got to a condition Red.
First post, so WELCOME.

Every time someone brings up these scenarios, slight changes in the fact pattern can make a huge difference in justification.

If someone simply walks near you in a public place, that is legal behavior, and in the absence of any other circumstances you are clearly not justified in using force.

It is common for people who are new to carry to run various scenarios through their head and ask "When can I shoot?" or "Can I shoot if x happens?"

You also need to realize the fact pattern matters, but it also depends upon how well you can articulate the facts that led you to believe you were in immediate danger from unlawful use of force.

Contrast how these two descriptions paint a different picture:

Description 1: A guy approached me in a parking lot so I pointed a gun at him. I don't know if he was armed.

Description 2: I was in a isolated parking lot with no other cars nearby. I saw the man start walking towards me. I altered course and noted he also altered his course to intercept me. I held my weak hand out in a "Stop" gesture and told him to stay away from me, but he kept approaching. I noticeably placed my strong hand on the grip of my handgun while repeating the "Stop" gesture with my other hand and now telling him, "STOP RIGHT THERE, DO NOT APPROACH ME" in a command voice. He continued coming, now at a brisker pace. I drew my handgun at low ready, and told him "I AM WARNING YOU TO STOP APPROACHING ME OR I WILL SHOOT". He started running towards me. I could not see his hands. I concluded if he was still willing to continue what appears to be an attack in that manner even though he knew I was armed, he must have the means to be deadly himself and had bad intentions. I believed the entire approach to be an imminent robbery. Means, motive, opportunity. I stopped the threat.

Same basic facts but two entirely different articulations.

Think through how you would alter your airport scenario to be able to present additional facts other than someone walking to within 25 feet of you.

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