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by oljames3
Tue Apr 23, 2019 10:49 am
Forum: New to CHL?
Topic: "Brandishing" law or prior cases?
Replies: 27
Views: 13338

Re: "Brandishing" law or prior cases?

WildRose's statements notwithstanding, Texas Penal Code section 9.04 states:
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified 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.
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm

And a Texas lawyer says:
https://www.youtube.com/watch?v=zINtaXThtpY

Obviously, the wisdom of such a tactic is subject to debate. Opinions differ. Texas law remains clear. TPC 9.04 sets the requirements under which you can use your firearm in a way that does not "constitute the use of deadly force."

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