Using force or deadly force pursuant to Tex. Penal Code §§9.31, 9.32 & 9.33 does not nullify §46.02. You can still be charged with UCW. It rarely if every happens, but the charge would be justified under the Code. That's where §9.22 "Necessity" defense comes in.EEllis wrote:For what it's worth, I think you can argue that it's a legal act to get your gun and defend you friend if you felt his life was in danger and that getting the gun was the best way you had to do so. The problem comes when the cops or DA see it otherwise. You are obviously pushing very close to the line if you did this so there can always be people who see the situation differently than you do. That's a big part of why there are courts.
Chas.
