CHL: paging CHL gurus! question on unarmed assailant

[Silent Assassin]

So my deaf friend went and took CHL past weekend. He said that I was wrong on this part. Instructor told him that he can shoot a person without a weapon, if he felt that he was in danger of his life. I told him that he can NOT use his gun on an unarmed assailant or without any weapons of any kind that put him in danger or a theta to his life.

Instance he was saying that a 260 lbs guy wanting to fight him. This did happen and Andy tried to be civil and show that he didn't want to fight at all. He swung at him and miss then swung at him again and hit his face.

Andy was using this to ask his instructor if he had a CHL, would the shooting be justified, instructor said yes. Because he was a 260 lbs of pure deadly weapon.

Andy told me I was wrong and that he could use his gun and it would be justified! I was shocked! I knew that one can not use the gun on an unarmed bad guy.

I appreciate your inputs. Thanks.

Paging CHL gurus!

[Brandon1574]

If you are in fear of your life. There are no rules

[Silent Assassin]

If you are in fear of your life. There are no rules

Even if he has no weapon?

[Daniel75]

Weapon doesn't matter. Can you articulate that you were in fear of death or serious bodily injury. Period.

[Lungbustr]

Yes. section 9.31 covers self defense.

[LWD]

If you are in fear of your life. There are no rules

This. It's not a CHL question. The very simple answer is it's a question of defending against deadly force or certain felonies. Read all of Texas Penal Code sections 9.31 & 9.32. The most pertinent part is

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.

LWD

[Daniel75]

§ 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 he reasonably believes the force is
immediately necessary to protect himself against the other's use or
attempted use of unlawful force.
(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 190, § 1, eff. Sept. 1, 1995.

[twobanger]

Yep. Plenty of people killed by a single punch.

That said, you'd better be absolutely in the right.

[Silent Assassin]

Interesting! Thanks for the info! Always thought the other person has to have a weapon or some sort before using deadly force to neutralize it. Learned something.

[Daniel75]

§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself 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 requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995.

[onetondodge]

Fear of life. Plain and simple. If someone was beating the mess out of you for no reason and your life was in danger and no weapon was present you have the right to defend your self as you see fit

[Daniel75]

Yes. If he reasonably believed he was protecting himself from serious bodily injury. 9.34 section b

You need to study

§ 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
justified in using force, but not deadly force, against another
when and to the degree he reasonably believes the force is
immediately necessary to prevent the other from committing suicide
or inflicting serious bodily injury to himself.
(b) A person is justified in using both force and deadly
force against another when and to the degree he reasonably believes
the force or deadly force is immediately necessary to preserve the
other's life in an emergency.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

[Drycreek3189]

This has already been proven shortly after CHL's were instituted. I believe in Dallas, big young guy jumped an older ARMED guy in his car over a traffic incident. Turned out badly for the big young guy. No charges for the older guy.

[AntlerCollector]

Just to be safe, drop an old, unregistered, throw down pistol next to his cold dead hand

[ram6256]

I thin I heard yesterday about someone getting convicted for shooting 2 unarmed people in his own house, when they had broken in. Not sure of details.
Roy