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There's an article about this on the NRA news alert site now: https://www.nraila.org/articles/2015090 ... l-carriers

All jokes about these lunatics aside, I actually see a very problem possibly occurring.

Let's say that the woman who posted about yelling "he's got a gun", and taking off running actually does so. Now assume that this provokes a physical response from multiple people towards the individual that is carrying openly, and that person responds by drawing down on the two, maybe three people who rush them.

By my understanding of the law, the simple act of drawing your weapon constitutes deadly force, of course firing it certainly is.

THe problem I see here is A-No one can really identify the woman who yelled out, and took off running. B- The person carrying was potentially justified in drawing/firing their weapon at individuals who rushed them. So who is legally at fault in this situation? A woman who probably can't be identified, a law abiding citizen who defended themselves, or a few white knights who rushed the MWAG, and potentially paid for it with their lives?

Cut me some slack on this, I'm still new to carrying in Texas, just came back last December.

SHogun62 wrote:All jokes about these lunatics aside, I actually see a very problem possibly occurring.

Let's say that the woman who posted about yelling "he's got a gun", and taking off running actually does so. Now assume that this provokes a physical response from multiple people towards the individual that is carrying openly, and that person responds by drawing down on the two, maybe three people who rush them.

By my understanding of the law, the simple act of drawing your weapon constitutes deadly force, of course firing it certainly is.

THe problem I see here is A-No one can really identify the woman who yelled out, and took off running. B- The person carrying was potentially justified in drawing/firing their weapon at individuals who rushed them. So who is legally at fault in this situation? A woman who probably can't be identified, a law abiding citizen who defended themselves, or a few white knights who rushed the MWAG, and potentially paid for it with their lives?

Cut me some slack on this, I'm still new to carrying in Texas, just came back last December.

Not necessarily:

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.

In your scenario, I would almost definitely be pulling my weapon. I'm an old fat guy that stands little chance against one 20-30 something attacker, much less two or more.

At that point, I sincerely hope I have successfully created "an apprehension that I will use deadly force if necessary" because if they don't break off their attack, we're all going to regret it.

Pawpaw wrote:

SHogun62 wrote:All jokes about these lunatics aside, I actually see a very problem possibly occurring.

Let's say that the woman who posted about yelling "he's got a gun", and taking off running actually does so. Now assume that this provokes a physical response from multiple people towards the individual that is carrying openly, and that person responds by drawing down on the two, maybe three people who rush them.

By my understanding of the law, the simple act of drawing your weapon constitutes deadly force, of course firing it certainly is.

THe problem I see here is A-No one can really identify the woman who yelled out, and took off running. B- The person carrying was potentially justified in drawing/firing their weapon at individuals who rushed them. So who is legally at fault in this situation? A woman who probably can't be identified, a law abiding citizen who defended themselves, or a few white knights who rushed the MWAG, and potentially paid for it with their lives?

Cut me some slack on this, I'm still new to carrying in Texas, just came back last December.

Not necessarily:

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.

In your scenario, I would almost definitely be pulling my weapon. I'm an old fat guy that stands little chance against one 20-30 something attacker, much less two or more.

At that point, I sincerely hope I have successfully created "an apprehension that I will use deadly force if necessary" because if they don't break off their attack, we're all going to regret it.

Thanks for pointing out PC9.04. I always hear people using the "don't pull it out unless you're gonna use it" and they believe that if you pull it out you must absolutely have to kill someone to be justified.

I had a personal experience with a road rage incident. Long story short, myself and two year old at the time were in my car and this Jeep ahead of me stops in the middle of the road, the driver stands in the other lane and blocks my way around him and proceeds to threaten me and wants me to get out and fight. I was not going to risk my two year old or myself and immediately produced my gun.

I never pointed it at him or threatened him, only by saying I would defend myself by whatever force was necessary and to please get back into his vehicle so we could both go home. He realized his was in a no win situation and did just that. I drove around and immediately called 911.

Advice should this situation arise, using PC9.04, don't point the gun at the person (so it's not "brandishing"), don't make threats like "I'm gonna kill you" and call 911 before the other guy does.

The police tend to believe the first caller. Anyway, nothing happened to me and I'm not sure what ever happened to that guy but deputies came to my home and I know they went to his, because he called after I did. (Kinda of like a SWATing incident, instigate trouble and call 911 on the other guy.) And from the questions the deputy was asking, he focused a lot on how I made the presence of a weapon known and if I pointed the gun at him or otherwise threatened him (other than by just having the gun visible).

In any scenario, SWATing or otherwise, I would call 911 and let them know what's happening as soon as I am in a position to safely do so.