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Old August 10, 2014, 08:10 PM   #78
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,995
Quote:
Why are you doing that? We have settled the legal issue, correct?
TX law allows a person to display a firearm legally at a lower threshold of justification than the justification for deadly force. If force (a lower standard than deadly force) is justified under the TX Penal Code, a person may display a firearm.

The purpose is clearly stated:
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.
While it is reasonable to state that the display of a firearm may be viewed as a threat to cause death, that doesn't mean that a defender would be well-advised to state that his purpose was to kill the attacker.

Assuming the proper justification exists, the defender has the right to use deadly force to prevent or stop certain violent crimes with the understanding that the death of the attacker may result, but that is not equivalent to being given the right to kill. If the attack ceases and the attacker is still alive that is irrelevant—the justification for deadly force no longer exists even though the attacker has survived.

Justifiable deadly force is about preventing killing, not about killing. Sometimes death is an unavoidable consequence, but it is never the goal.
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Do you know about the TEXAS State Rifle Association?
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