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  • alias

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    May 10, 2012
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    spicewood, tx.
    In Texas if you run your mouth and get assaulted you can lose your justification to fight back. Bottom line: if you carry a gun don't run your mouth to strangers.
    After reading Massad Ayoob's book In Gravest Extreme years ago, it was etched in my brain that a CHL doesn't give you a set of balls to become the new sheriff in town, it in fact reins in and puts a check on any aggressive tendencies you may have.

    Bottom line, if you're looking for a fight or want to play parking lot police, leave your gun at home.
    Hurley's Gold
     

    phoenix

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    After reading Massad Ayoob's book In Gravest Extreme years ago, it was etched in my brain that a CHL doesn't give you a set of balls to become the new sheriff in town, it in fact reins in and puts a check on any aggressive tendencies you may have.

    Bottom line, if you're looking for a fight or want to play parking lot police, leave your gun at home.

    Very true, but i will say i dont give a damn what you say no one has a right to put your hands on you. We are supposed to be a civilized society. I do support the guy drawing on the man who assaulted him. He did not have justification to shoot as the guy was retreating. At the end of the day though the guy should have minded his own business and just called the cops about the parking space. Personally i know there are some "people" who think rules dont apply. I have had to tell my wife to pipe down a time or two as i remind her that something could happen similar. Now i am a weight lifter and 300lbs but still never know what will happen.
     

    alias

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    May 10, 2012
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    spicewood, tx.
    Very true, but i will say i dont give a damn what you say no one has a right to put your hands on you. We are supposed to be a civilized society. I do support the guy drawing on the man who assaulted him. He did not have justification to shoot as the guy was retreating. At the end of the day though the guy should have minded his own business and just called the cops about the parking space. Personally i know there are some "people" who think rules dont apply. I have had to tell my wife to pipe down a time or two as i remind her that something could happen similar. Now i am a weight lifter and 300lbs but still never know what will happen.

    I don't give a **** what you say either. My point was, don't get a CHL so you can go play 'parking lot police'. I guarantee that loser wouldn't get in people's face if he weren't strapped. Some idiot just like that waited for me at my truck when I was parked at Home Depot's Contractors Loading area. He proceeded to get up in my face, in my personal space, because he said I left my truck too long, maybe five minutes, to return a piece of rental equipment. I calmly walked to my truck passenger door. If he would have followed me with his verbal assault and stayed in my space I would have knocked him out. If he would have gone for a gun I would have shot him. Don't don't get in people's face, or their wives, and play parking lot police and people won't put their hands on you.
     
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    phoenix

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    I should clarify that i do not mean you post opinion, but what someone says to another. No one has a right to put hands on you over words.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
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    Jul 23, 2011
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    Little Elm
    Personal space is not a legally defined thing. Meaning the law doesnt recognize it and you cant legally respond to the violation of some arbitrary zone just because someone enters it or acts in a way you dont like in it.

    I'm not talking about physical force or actions, just that there is no such thing as a "violation of personal space" justifying you to do anything. It doesnt exist except in peoples minds. You dont get to knock people out cause they violate your personal space. I would also suggest not putting yourself in a bad tactical position if someone is making you feel uncomfortable, like cornering yourself in a "V" of an open truck door. IMHO OFCOURSE.
     

    alias

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    May 10, 2012
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    spicewood, tx.
    Personal space is not a legally defined thing. Meaning the law doesnt recognize it and you cant legally respond to the violation of some arbitrary zone just because someone enters it or acts in a way you dont like in it.

    I'm not talking about physical force or actions, just that there is no such thing as a "violation of personal space" justifying you to do anything. It doesnt exist except in peoples minds. You dont get to knock people out cause they violate your personal space. I would also suggest not putting yourself in a bad tactical position if someone is making you feel uncomfortable, like cornering yourself in a "V" of an open truck door. IMHO OFCOURSE.

    Oh yeah, tell that to a cop. Get in someones face or invade their personal space in an aggressive manner and it can be construed as a threat which can warrant a physical response.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    Jul 23, 2011
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    Little Elm
    Oh yeah, tell that to a cop. Get in someones face or invade their personal space in an aggressive manner and it can be construed as a threat which can warrant a physical response.

    You're not a cop on official duty conducting an investigation. You have no immunity in your described situation.

    Putting your hand out telling someone to stop may be acceptable. Assaulting them cause they passed some imaginary arbitrary line of personal space is not. Sorry.

    You do what you think is best. I dont necessarily disagree with your response, I'm just saying people need to understand there is no imaginary arbitrary personal space that once crossed gives you the right to assault someone. You will have to justify your actions with something legally acceptable.

    I'm sure most can figure that out what that means.

    Just hitting cause your imaginary boundary was crossed will get you charged with a crime. You will have to put forth some element/action by the other person that justifies a physical force response.
     

    alias

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    May 10, 2012
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    spicewood, tx.
    You're not a cop on official duty conducting an investigation. You have no immunity in your described situation.

    Putting your hand out telling someone to stop may be acceptable. Assaulting them cause they passed some imaginary arbitrary line of personal space is not. Sorry.

    You do what you think is best. I dont necessarily disagree with your response, I'm just saying people need to understand there is no imaginary arbitrary personal space that once crossed gives you the right to assault someone. You will have to justify your actions with something legally acceptable.

    I'm sure most can figure that out what that means.

    Just hitting cause your imaginary boundary was crossed will get you charged with a crime. You will have to put forth some element/action by the other person that justifies a physical force response.

    No, I'm not a cop. I expected that response when I typed it and stopped reading there.

    I don't have to be a cop to perceive and react to a threat. Cops, believe it or not, don't get special privileges or latitude when it comes to rational perceived threats and human reactions.
    Approaching someone in an aggressive manner, getting into their personal space in a threatening manner, is different than approaching someone to shake their hand. I'm not a lawyer either and don't feel the need to look it up for you but a quick search and you'll find a legal difference between the two.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
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    Jul 23, 2011
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    Little Elm
    No, I'm not a cop. I expected that response when I typed it and stopped reading there.

    I don't have to be a cop to perceive and react to a threat. Cops, believe it or not, don't get special privileges or latitude when it comes to rational perceived threats and human reactions.
    Approaching someone in an aggressive manner, getting into their personal space in a threatening manner, is different than approaching someone to shake their hand. I'm not a lawyer either and don't feel the need to look it up for you but a quick search and you'll find a legal difference between the two.

    Maybe you should have read it. You would have seen the following;
    You do what you think is best. I dont necessarily disagree with your response, I'm just saying people need to understand there is no imaginary arbitrary personal space that once crossed gives you the right to assault someone. You will have to justify your actions with something legally acceptable.

    And
    Just hitting cause your imaginary boundary was crossed will get you charged with a crime. You will have to put forth some element/action by the other person that justifies a physical force response.

    Hitting just because of a "personal space" violation is unlawful. Even yelling at you in your face does not justify hitting someone like you said. Again I was responding to what you said initially.

    The point I was trying to make is you're going to have to justify why you responded with physical force. You have to demonstrate what the threat was. If you can do that then god bless and swing away but merely entering an imaginary boundary and yelling as you described probably wont cut it. Putting out your arm to tell them to stop, reasonable and no big deal but that's not how you described it initially.

    Everyone needs to clearly understand that legally there is no such thing as a personal space justification for using physical force. There has to be more too it.

    Just saying.
     

    alias

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    May 10, 2012
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    spicewood, tx.
    Maybe you should have read it. You would have seen the following;


    And


    Hitting just because of a "personal space" violation is unlawful. Even yelling at you in your face does not justify hitting someone like you said. Again I was responding to what you said initially.

    The point I was trying to make is you're going to have to justify why you responded with physical force. You have to demonstrate what the threat was. If you can do that then god bless and swing away but merely entering an imaginary boundary and yelling as you described probably wont cut it. Putting out your arm to tell them to stop, reasonable and no big deal but that's not how you described it initially.

    Everyone needs to clearly understand that legally there is no such thing as a personal space justification for using physical force. There has to be more too it.

    Just saying.
    Then include getting in your face/space a threatening move, the same as if someone charged at you. It's a form of aggression.

    A cop can use it as a reason to respond and so can a citizen. Both are human. You can argue the "You're not a cop" statement but it's irrelevant. Panhandlers are cuffed and stuffed for "aggressive panhandling", in essence, getting in people's space and being aggressive. I clocked one on Sixth St. in Austin for getting in my g/f's space and using profanity and the walking beat cops hauled him off. They just told me to be sure and disinfect my scraped knuckles.

    This does not include "You're crowding me mister" at a bar, although some people will intentionally get in another's space and try and elbow them out of what was that person's space. In that case, you stand your ground, elbow back, when he turns and exchanges words and tells you to move you tell him 'move me' in which case he'll most likely swing and hopefully you can anticipate it and knock his teeth out.
     
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    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    TOTALITY OF THE CIRCUMSTANCES. Someone just standing close to you, no. Same person threatening to kick your ass and moving within arms reach, yes.Same person just screaming at you, clenching his fist and making what we call a "shoulder shift", yes.

    It is all about context. And the use of force laws apply to LE and non-LE the same, except for 9.51 and parts of 9.52
     
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