TX: Spring HOA president threatens teens with handgun for squealing tires.

[philip964]

https://www.click2houston.com/news/spri ... s-with-gun

Mom of one of the boys came out and got upset with him and he said "why don't you call the police". She did!

Hopefully never a mention of a CHL.

[Oldgringo]

Hmmm?

"The mother of one of the teens heard squealing tires and suspected her son and his two friends were behind the noise."

I wonder what his Daddy thinks of this?

[Scott B.]

That's going straight in my teaching examples folder. Will be listed under "doh!".

[Flightmare]

The mother of one of the teens heard squealing tires and suspected her son and his two friends were behind the noise. She said before she could go outside to stop it, the teens said Warner confronted them, showed his holstered gun and said he would put bullet holes in their truck if it happened again.

While I do not go around making threats or condoning those who choose to do so. My question is "assuming he was licensed to carry, what crime was committed if the gun remained holstered?"

[srothstein]

The mother of one of the teens heard squealing tires and suspected her son and his two friends were behind the noise. She said before she could go outside to stop it, the teens said Warner confronted them, showed his holstered gun and said he would put bullet holes in their truck if it happened again.

While I do not go around making threats or condoning those who choose to do so. My question is "assuming he was licensed to carry, what crime was committed if the gun remained holstered?"

In general, it is illegal to threaten people, either under PC. 22.01 Assault or under PC 22.07 Terroristic Threat. If you use a deadly weapon to make the threat, it upgrades assault to Aggravated Assault under PC 22.02. This is how the homeowner was charged.

But, I think the officer might just have made a mistake in the charge. If the HOA president actually just said he would put bullet holes in the truck, he did not threaten the kids with imminent bodily injury. It is a little loophole he might be able to use to get away with being stupid.

[C-dub]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown? And since there wasn't any real provocation or threat from the kids to justify the threat?

[Flightmare]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

[C-dub]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.

[Oldgringo]

Does everybody want to be a CHL/OC proponent barrister?

Y'all reckon the kids could've conjured this gun flashing story? You know, kinda' like all of the 30-40 year old 'inappropriate contact' bull we've all heard so much about lately?

[chasfm11]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.

It would be one thing to walk out OC. But the act of uncovering a CC would punctuate any threatening words that were used.

I'm guessing that he has an LTC. Otherwise, there should have been a UCW charge, too.

[Scott B.]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."

That's pegging the stupid meter for a license holder. We don't know, based on the reporting, if it was carried openly or concealed. It doesn't matter.

[K.Mooneyham]

Does everybody want to be a CHL/OC proponent barrister?

Y'all reckon the kids could've conjured this gun flashing story? You know, kinda' like all of the 30-40 year old 'inappropriate contact' bull we've all heard so much about lately?

Yes, I am curious if he admitted having threatened them. Teens today are very savvy about this sort of stuff. If he was OC, and they saw it, they could have made it up to get him in trouble because he told 'em to knock it off. Lots of vindictive people out there, and that includes teenagers. I hope someone from that area will follow up on this story later on.

[Flightmare]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."

That's pegging the stupid meter for a license holder. We don't know, based on the reporting, if it was carried openly or concealed. It doesn't matter.

I agree with you that it was a stupid thing to do. As you said, the article does not state whether the firearm was open or concealed, only that it was holstered. If he was open carrying, he made a poor choice in words. However I do not see how his actions of open carrying were criminal if he was licensed. But just because something is legal, does not mean it is wise.

[Flightmare]

Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?

As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.

I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.

It would be one thing to walk out OC. But the act of uncovering a CC would punctuate any threatening words that were used.

I'm guessing that he has an LTC. Otherwise, there should have been a UCW charge, too.

The report did not say he uncovered it, only that he showed it. This could be bad reporting and mean that he was open carrying. Granted, this is speculation on my part. It just seems the writer of the report was in a hurry to get his article out first, instead of having all the information. I am not backing the HOA president's actions. At the very minimum, he was foolish and casts a bad light on all responsible LTCs. I'm merely saying that the reporting appears to be lacking.

[E.Marquez]

He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."

That's pegging the stupid meter for a license holder. We don't know, based on the reporting, if it was carried openly or concealed. It doesn't matter.

More like we don't even know if the accused did what he is accused of.. We have a third party account from a reporter from a media Org often found to be lacking in truth, context and sometimes just presenting outright lies, of what the teen and his mother may have reported the accused allegedly did.

If the accused made such a threat, then im all for revoking LTC, and seeing him prosecuted... But before we list the ways he should be punished here, perhaps we should wait to see if he is guilty