You stated: " If there is no immediate substantial risk of death or serious injury to you or another, deadly force should not be introduced."
Of course, but you strayed from my point after you stated: "You can't introduce a firearm (use of deadly force) into a fist fight."
Of course you can if, as I pointed out, "If you're a young, big adult and you start punching a much smaller, elderly man, do you consider that a fist fight?
If so, I guess the smaller man is just supposed to tolerate being punched out...and perhaps die."
That was my point within the parameters I introduced when it comes to a so-called "fist fight".
Many a person has died when punched with a fist.
Re: CHL Badge holder charged in murder at church
Posted: Sun May 22, 2016 9:11 am
by rotor
BCGlocker wrote:The problem is "Proportionality". You can't introduce a firearm (use of deadly force) into a fist fight. Once again, we see CCWers fail to MYOB (Mind Your Own Business).
Assuming that you did not start the fight at what point in a fist fight can you introduce your firearm? Just before the punch that causes permanent brain damage? There are plenty of deaths or permanent brain damage from fist fights.
Re: CHL Badge holder charged in murder at church
Posted: Sun May 22, 2016 11:15 am
by mojo84
BCGlocker wrote:
Abraham wrote:BCGlocker,
You stated: "You can't introduce a firearm (use of deadly force) into a fist fight."
If you're a young, big adult and you start punching a much smaller, elderly man, do you consider that a fist fight?
If so, I guess the smaller man is just supposed to tolerate being punched out...and perhaps die.
I don't consider such a scenario a fist fight.
Yes, fists were part of the equation, but in my opinion, they could be deadly weapons.
I think it could come under the header of deadly assault by the younger, bigger, stronger man.
Agree or disagree with such a scenario?
"Proportionality" is just one of the consideration for use as a defense from prosecution. Others including disparity of force (old vs young, one vs. multiple assailants, female vs male..etc). If there is no immediate substantial risk of death or serious injury to you or another, deadly force should not be introduced.
The problem is "Proportionality". You can't introduce a firearm (use of deadly force) into a fist fight. Once again, we see CCWers fail to MYOB (Mind Your Own Business).
This section should shed some light on this.
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, 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.
---
Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Using deadly force when only force is justified is not acceptable. However, the production of a gun and the threat of deadly force is legally acceptable even when only force is justified.
My comments here are in no way an attempt to condone or justify what the guy did in this instance, most especially the badge part.
Re: CHL Badge holder charged in murder at church
Posted: Sun May 22, 2016 12:06 pm
by The Annoyed Man
Article doesn't say anything about the shooter having a license. What it says is:
The gun-toting suspect then flashed a Concealed Weapons Permit badge, which the district attorney’s office belives was purchased online.
Anybody can buy a badge......
Re: CHL Badge holder charged in murder at church
Posted: Sun May 22, 2016 12:48 pm
by MadMonkey
BCGlocker wrote:The problem is "Proportionality". You can't introduce a firearm (use of deadly force) into a fist fight. Once again, we see CCWers fail to MYOB (Mind Your Own Business).
An unarmed person attacking you can absolutely justify a lethal response. Many people are killed by punches every year.
Re: CHL Badge holder charged in murder at church
Posted: Sun May 22, 2016 1:37 pm
by Crossfire
Nothing good has ever come out of owning or flashing a CHL Badge!
Crossfire wrote:Nothing good has ever come out of owning or flashing a CHL Badge!
What about a sash?
Only if it does not clash with my tiara!!
Re: CHL Badge holder charged in murder at church
Posted: Thu Nov 15, 2018 3:57 pm
by 03Lightningrocks
The shooter in this situation introduced himself into the conflict. Would that not be the same as starting a fight and then shooting the guy because he punched you?
Re: CHL Badge holder charged in murder at church
Posted: Thu Nov 15, 2018 5:35 pm
by WildBill
03Lightningrocks wrote: ↑Thu Nov 15, 2018 3:57 pm
The shooter in this situation introduced himself into the conflict. Would that not be the same as starting a fight and then shooting the guy because he punched you?
03Lightningrocks wrote: ↑Thu Nov 15, 2018 3:57 pm
The shooter in this situation introduced himself into the conflict. Would that not be the same as starting a fight and then shooting the guy because he punched you?
It sounds like that is what the jury thought.
It is funny. When I received my CHL originally, it had the affect of making me much less likely to open my mouth. I became very concerned with putting myself into a situation of having to use deadly force.
Re: CHL Badge holder charged in murder at church
Posted: Thu Nov 15, 2018 6:11 pm
by E.Marquez
BCGlocker wrote: ↑Sun May 22, 2016 7:09 am
The problem is "Proportionality". You can't introduce a firearm (use of deadly force) into a fist fight. Once again, we see CCWers fail to MYOB (Mind Your Own Business).