quote:

Originally posted by Sig209:

quote:

Originally posted by nasig:
My instinct tells me the best thing to do is walk away and call police.

if you are not badged LE - this is the only thing you can do...

plus maybe observe from a 'safe' distance while on the phone with 911

ETA -- after he starts shooting people all bets are off

-----------------------------------------

quote:

You are CCW. Man and woman in a heated argument in parking lot. You approach and ask if everything is OK?

quote:

Man lifts shirt exposing firearm and tells you to get lost.

quote:

Sec. 9.33. DEFENSE OF THIRD PERSON.

A
person is justified in using force or deadly force against another to protect
a third person if:

(1) under the circumstances as the actor reasonably believes
them to be, the actor would be justified under Section 9.31 or 9.32 in using
force or deadly force to protect himself against the unlawful force or unlawful
deadly force he reasonably believes to be threatening the third person he seeks
to protect; and

(2) the actor reasonably believes that his intervention is
immediately necessary to protect the third person.

Sec. 9.31. SELF-DEFENSE

(a)
Except as provided in Subsection (b), a person is justified in using force against
another when and to the degree the actor reasonably believes the force is immediately
necessary to protect the actor against the other’s use or attempted use of unlawful
force. The actor’s belief that the force was immediately necessary as described
by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom
the force was used:

(A) unlawfully and with force entered, or was attempting
to enter unlawfully and with force, the actor’s occupied habitation, vehicle,
or place of business or employment;

(B) unlawfully and with force removed, or was attempting
to remove unlawfully and with force, the actor from the actor’s habitation,
vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping,
murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used;
and

(3) was not otherwise engaged in criminal activity, other than
a Class C misdemeanor that is a violation of a law or ordinance regulating traffic
at the time the force was used.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being
made by a peace officer, or by a person acting in a peace officer’s presence
and at his direction, even though the arrest or search is unlawful, unless the
resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted
by the other;

(4) if the actor provoked the other’s use or attempted use of
unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates
to the other his intent to do so reasonably believing he cannot safely abandon
the encounter; and

(B) the other nevertheless continues or attempts to use unlawful
force against the actor; or

(5) if the actor sought an explanation from or discussion with
the other person concerning the actor’s differences with the other person while
the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section
46.05.

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer
(or person acting at his direction) uses or attempts to use greater force than
necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force
is immediately necessary to protect himself against the peace officer’s (or
other person’s) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter
except as provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where
the force is used, who has not provoked the person against whom the force is
used, and who is not engaged in criminal activity at the time the force is used
is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an
actor described by Subsection (e) reasonably believed that the use of force
was necessary, a finder of fact may not consider whether the actor failed to
retreat.

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

(a) A person is justified in using deadly force against
another:

(1) if the actor would be justified in using force against the
other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly
force is immediately necessary:

(A) to protect the actor against the other’s use or attempted
use of unlawful deadly force; or

(B) to prevent the other’s imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated
robbery.

(b) The actor’s belief under Subsection (a)(2) that the deadly
force was immediately necessary as described by that subdivision is presumed
to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom
the deadly force was used:

(A) unlawfully and with force entered, or was attempting
to enter unlawfully and with force, the actor’s occupied habitation, vehicle,
or place of business or employment;

(B) unlawfully and with force removed, or was attempting
to remove unlawfully and with force, the actor from the actor’s habitation,
vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described
by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used;
and

(3) was not otherwise engaged in criminal activity, other than
a Class C misdemeanor that is a violation of a law or ordinance regulating traffic
at the time the force was used.

(c) A person who has a right to be present at the location where
the deadly force is used, who has not provoked the person against whom the deadly
force is used, and who is not engaged in criminal activity at the time the deadly
force is used is not required to retreat before using deadly force as described
by this section.

(d) For purposes of Subsection (a)(2), in determining whether
an actor described by Subsection (c) reasonably believed that the use of deadly
force was necessary, a finder of fact may not consider whether the actor failed
to retreat.

quote:

Originally posted by Bisleyblackhawk:
^^^^ ^^^^

quote:

Originally posted by GWbiker:

Yeah....me too.

quote:

Originally posted by sigmonkey:
If your not in it, stay out of it.
If your in it, finish it.

quote:

Originally posted by parabellum:
The best thing to do is to use a subject that line that is clear and unambiguous.


Why is this so hard to understand and to do??