Brandishing

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Trebilroad
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Brandishing

#1

Post by Trebilroad »

Last night (dark), I noticed activity in my alley. I was aware of but mostly passive to the activity. Until I heard someone a few houses making some unusual sounds? Like trying to open a gate or something similar. I grabbed my flashlight and my side arm and headed down the alley. I surprised a young man trying to get into a back gate, (he never got it open)
I spotlight him and pulled my weapon,(I have my CHL)
Turns out it was the kid that lived there. Someone dropped him off in the alley for some reason? Here's where it went to hell in a hand bag. He told me that he lived there and I holstered my weapon. Then he began berating me, called me all sorts of nasty names. His parents we no better than he was. I apologized for the misunderstanding, but they continued to spew obscenities. I offered to call the police to help us defuse the situation, but they said it wouldn't be necessary.
Shortly there after the COPS show up at my front door and asked me to explain my side.
I'm a retired combat vet and am concerned that I broke the law.
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ELB
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Re: Brandishing

#2

Post by ELB »

Stop posting and consult a lawyer.
USAF 1982-2005
____________

BBYC
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Re: Brandishing

#3

Post by BBYC »

It sounds like assault. Good luck.
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.

Soccerdad1995
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Re: Brandishing

#4

Post by Soccerdad1995 »

ELB wrote:Stop posting and consult a lawyer.
+1

Once LE gets involved, your next step should be to consult a lawyer. Unfortunately. that is the world we live in.
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bblhd672
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Re: Brandishing

#5

Post by bblhd672 »

This story sounds fishy. Anyone else suspect a troll?
The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager

Soccerdad1995
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Re: Brandishing

#6

Post by Soccerdad1995 »

bblhd672 wrote:This story sounds fishy. Anyone else suspect a troll?
It's always possible that this guy is a troll. For his sake, I hope this isn't a true story. Regardless of right or wrong, being on the wrong side of a criminal investigation is no fun. And this story has some tough circumstances (OP was not on his property, the owners of the property he was trying to protect will clearly say that they did not ask him to protect their property, etc). This type of situation is why I never try to do the job of LE.

That said, it's entirely possible that the story is true. I could see ignorant neighbors with an irrational fear of guns reacting quite negatively when the "gun nut" next door pulls a gun on their little Johnny who is just trying to get back in his house.

montgomery
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Re: Brandishing

#7

Post by montgomery »

Soccerdad1995 wrote:
bblhd672 wrote:This story sounds fishy. Anyone else suspect a troll?
It's always possible that this guy is a troll. For his sake, I hope this isn't a true story. Regardless of right or wrong, being on the wrong side of a criminal investigation is no fun. And this story has some tough circumstances (OP was not on his property, the owners of the property he was trying to protect will clearly say that they did not ask him to protect their property, etc). This type of situation is why I never try to do the job of LE.

That said, it's entirely possible that the story is true. I could see ignorant neighbors with an irrational fear of guns reacting quite negatively when the "gun nut" next door pulls a gun on their little Johnny who is just trying to get back in his house.
Are you saying you think some yahoo at night coming to your yard and puts sights on your kid who is sneaking in late is acceptable?

Soccerdad1995
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Re: Brandishing

#8

Post by Soccerdad1995 »

montgomery wrote:
Soccerdad1995 wrote:
bblhd672 wrote:This story sounds fishy. Anyone else suspect a troll?
It's always possible that this guy is a troll. For his sake, I hope this isn't a true story. Regardless of right or wrong, being on the wrong side of a criminal investigation is no fun. And this story has some tough circumstances (OP was not on his property, the owners of the property he was trying to protect will clearly say that they did not ask him to protect their property, etc). This type of situation is why I never try to do the job of LE.

That said, it's entirely possible that the story is true. I could see ignorant neighbors with an irrational fear of guns reacting quite negatively when the "gun nut" next door pulls a gun on their little Johnny who is just trying to get back in his house.
Are you saying you think some yahoo at night coming to your yard and puts sights on your kid who is sneaking in late is acceptable?
No, I'm not saying that. I'm not sure where you are reading that into my comments. I was just referring to my belief that the OP's story could be true, especially given the number of ignorant people now living in Texas who do have an irrational fear of guns.

But since you brought it up, let me, once again, state my personal stance that I am not trying to do the job of LE. In the OP's situation that means I would have called 911 and let them handle it from there. Others may take a different approach. And if one of my neighbors did happen to pull a gun on my kid as he / she was sneaking over the back fence late at night, yes I would be upset. I would talk with the neighbor about it and let them know that while I appreciate their intent, low ready would probably suffice in this situation. I would not call the police though, unless my neighbor decided to react like an idiot. Then I would separately advise my kid on the stupidity of sneaking around back alleys in the middle of the night. That latter discussion might well involve the use of a belt.
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Scott B.
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Re: Brandishing

#9

Post by Scott B. »

Several missteps there we could argue.

Refresh yourself w/ LTC-16: https://www.dps.texas.gov/InternetForms ... LTC-16.pdf

PC §9.04. THREATS AS JUSTIFIABLE FORCE.

vs

PC §42.01. DISORDERLY CONDUCT. subsection A-8.
LTC / SSC Instructor. NRA - Instructor, CRSO, Life Member.
Sig pistol/rifle & Glock armorer | FFL 07/02 SOT
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bmwrdr
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Re: Brandishing

#10

Post by bmwrdr »

A CHL/ LTC is not a title to enforce the law, regardless the story is true or not. Pointing a gun at somebody without need is offensive and I think any jjudge will see it this way as well.
I'd say the topic author neglected to call 911 in case he really had a reason to believe there is a burglary or a threat in progress.
I doubt this will have a good ending but on the other hand it is hard to believe to be true.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─

rotor
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Re: Brandishing

#11

Post by rotor »

I was just remembering the story of the lady that heard something in the alley behind her house, called the police and when they got there they shot and killed her. Not that long ago.
The op at minimum should have called police and reported things before his neighbor did. I don't think it is unusual for any of us to check outside our house when we here strange noises and go with a gun in hand or at least close by our side.
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Lynyrd
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Re: Brandishing

#12

Post by Lynyrd »

Smells like a troll. Too many things sound like a scripted thought designed to exploit the anti-gun stereotype of what they think of gun people.
Do what you say you're gonna do.
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Jusme
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Re: Brandishing

#13

Post by Jusme »

bmwrdr wrote:A CHL/ LTC is not a title to enforce the law, regardless the story is true or not. Pointing a gun at somebody without need is offensive and I think any jjudge will see it this way as well.
I'd say the topic author neglected to call 911 in case he really had a reason to believe there is a burglary or a threat in progress.
I doubt this will have a good ending but on the other hand it is hard to believe to be true.


:iagree:


If this is a true account, the OP is fortunate that he was not arrested. He was not protecting himself or his property, and leaving his property to investigate "noises" in an alley, is not a smart move in the first place. Drawing a gun on someone, entering someone else's property, could have gone south very quickly. Especially since the person he encountered, lived there. The kid would have been justified in using deadly force against the OP.
That piece of plastic, does not authorize someone to act as a LEO.
Take away the Second first, and the First is gone in a second :rules: :patriot:
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bmwrdr
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Re: Brandishing

#14

Post by bmwrdr »

Lynyrd wrote:Smells like a troll. Too many things sound like a scripted thought designed to exploit the anti-gun stereotype of what they think of gun people.
:iagree: 1st post, mimic a complete stupid scenario, hinting a veteran with combat experience, ... it just sounds like somebody wants to create a surreal narrative based on the liberal mainstream media model.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─
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