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by RottenApple
Mon Apr 22, 2019 7:23 pm
Forum: New to CHL?
Topic: "Brandishing" law or prior cases?
Replies: 27
Views: 1687

Re: "Brandishing" law or prior cases?

Jason Todd wrote:
Mon Apr 22, 2019 12:01 pm
I never understood why some people need to bump an old thread to add false information.
Well. Now I feel a right ID10T for responding. I saw his new response and assumed (my bad) that it was a new thread. :???:
by RottenApple
Mon Apr 22, 2019 10:11 am
Forum: New to CHL?
Topic: "Brandishing" law or prior cases?
Replies: 27
Views: 1687

Re: "Brandishing" law or prior cases?

WildRose wrote:
Mon Apr 22, 2019 2:17 am
It's really pretty simple. If you have a lawful use of force but not deadly force drawing your weapon would be a crime.
As noted by rob777 above, this is not entirely correct.

PC §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 (which is what drawing your firearm would be), 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.

So if you are in a situation where you are legally authorized to use force, but not necessarily deadly force, then drawing your firearm is only use of force if your intent in doing so is to create apprehension in your assailant that you will use deadly force if necessary.

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