Brandishing

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Trebilroad
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Brandishing

Postby Trebilroad » Mon Nov 13, 2017 11:04 am

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 heck 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

Postby ELB » Mon Nov 13, 2017 11:21 am

Stop posting and consult a lawyer.
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BBYC
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Re: Brandishing

Postby BBYC » Mon Nov 13, 2017 1:39 pm

It sounds like assault. Good luck.
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Soccerdad1995
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Re: Brandishing

Postby Soccerdad1995 » Mon Nov 13, 2017 1:43 pm

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.
Ding dong, the witch is dead

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bblhd672
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Re: Brandishing

Postby bblhd672 » Mon Nov 13, 2017 2:55 pm

This story sounds fishy. Anyone else suspect a troll?
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Soccerdad1995
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Re: Brandishing

Postby Soccerdad1995 » Mon Nov 13, 2017 3:05 pm

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.
Ding dong, the witch is dead


montgomery
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Re: Brandishing

Postby montgomery » Mon Nov 13, 2017 3:16 pm

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

Postby Soccerdad1995 » Mon Nov 13, 2017 3:32 pm

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.
Ding dong, the witch is dead

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Scott B.
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Re: Brandishing

Postby Scott B. » Mon Nov 13, 2017 4:05 pm

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.
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bmwrdr
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Re: Brandishing

Postby bmwrdr » Mon Nov 13, 2017 8:20 pm

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.
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rotor
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Re: Brandishing

Postby rotor » Mon Nov 13, 2017 8:45 pm

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

Postby Lynyrd » Mon Nov 13, 2017 8:48 pm

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

Postby Jusme » Mon Nov 13, 2017 8:55 pm

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.
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bmwrdr
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Re: Brandishing

Postby bmwrdr » Mon Nov 13, 2017 10:22 pm

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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superchief
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Re: Brandishing

Postby superchief » Mon Nov 13, 2017 10:32 pm

No relationship to the property (asked to protect it, legal duty, etc), so probably at risk of something if the police or the family decide to push it.


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