I went by his statement. He said he raised his shirt and placed his hand on the gun. That is not a cell phone and the guy probably saw it based on his change . I'm sure his statement would also say it was a gun had he called 911. He may have called and we don't know due to the poster leaving.SewTexas wrote:texanjoker wrote:Look at this another way. Depending on what the person said, you could have been charged with a lot more then intentionally failing to conceal as I read in the thread. Imagine if this guy or a witness called 911. He would say he was walking in the parking lot and you assaulted him and threatened him with a gun. By your own words he didn't say anything or make any threatening movements. By exposing your gun and putting your hand on it you displayed the weapon. If it was believed that you displayed it during an assault, you could have been in some hot water. Assault can simply be threatening somebody with bodily harm. If it was done by displaying a gun, you are now up to aggravated assault. Did you have justification to do what you did? That could be questionable and fortunately he never called the police so you didn't have to find out. If leo's came, you would have probably been taken down as a MWAG. They would take statements, look at video (if there was any) and then determine if they had PC (probable cause) for the arrest. While a jury may or may not clear you, that would be an expensive adventure. Glad it worked out.
§ 22.02. AGGRAVATED ASSAULT. (a) A person commits an
offense if the person commits assault as defined in § 22.01 and
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.
Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
http://law.onecle.com/texas/penal/22.02.00.html" onclick="window.open(this.href);return false;
He said he didn't show his gun at all, possibly his holster, if that. Like we said earlier, he could have had his hand on his phone.
((he ended up behind my car when I turned in front of the car going towards the door he started walking towards me. I raised my shirt and placed my hand on my gun and told him not to come near me, he froze in his tracks))