Q: Can I use my firearm in self-defense while driving if threatened with a gun?
I experienced a situation where another driver attempted to run me off the road while pointing a firearm at me, making me fear for my life. I also carry a firearm but chose not to use it, as I was unsure about the legality of firing from a moving vehicle. There were probably witnesses and camera footage, but I didn't report it to law enforcement at the time. I didn't get a clear description of the person or their license plate, only the color, make, and model of their vehicle. There were no injuries or damages, and I haven't consulted a lawyer or insurance. Could I have legally used my firearm in self-defense under these circumstances?
A:
I assume you are NOT a convicted Felon nor convicted of any Domestic Violence crimes in the past 10 years.
The fact that you were mobile, and probably had numerous options to get out of the situation with little effort. would not be good for you, if you shot at him.
The TX law allows you to use a firearm when protecting yourself or another person, from an immediate threat of serious injury or death. So if you were on a dead end street, pinned in one location, you could likely use your firearm in a manner that would protect you or another.
If he started shooting at you, it would be a different story.
As you probably felt then, the best move was to simply disengage. You did a great thing. You showed restraint.
If you fired at him as he attempted to hit your car or run you off the road, I believe you would be justified at that moment.
Stay cool!
I hope this helped.
Raymond Chow agrees with this answer
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