Texas-Book-Gun Law Armed And Educated - Flipbook - Page 194
EXAMPLE:
Dylan is at a restaurant when he notices another man checking
out his girlfriend. Dylan tells the other man, “take a hike or you’ll
regret it” and slightly shoves the admirer. The other man responds
by punching Dylan in the face. Dylan, who didn’t really want a
confrontation, holds both his hands up in surrender and says, “I
don’t want any more trouble!” However, the other man pulls out a
knife and lunges at Dylan. In response, Dylan draws his concealed
handgun and puts one right between his eyes.
In this scenario, Dylan is legally justified to fight back with deadly
force; he attempted to abandon the incident and made his intention
known to the other person. When the other man continued to attack,
Dylan is now legally justified to defend himself, even though he
made the initial provocation.
5. Settling differences
Use of force is not justified when the actor “sought an explanation
from or discussion with the other person concerning the actor’s
differences with the other person” while unlawfully carrying a
weapon or possessing a prohibited weapon. See Tex. Penal Code
§ 9.31(b)(5). The purpose of the statute is to discourage people
from seeking a confrontation to settle a dispute when in possession
of a weapon illegally. Situations invoking things like road rage,
cheating spouses, and “where is my money?” are confrontations
that are completely different from facing an armed burglar in your
home at night. Therefore, if you violate the statute, you lose your
legal justification for self-defense.
When Can I Legally Use My Gun: Part II | 183
