IANAL but AFAIK, if you feel that it is necessary for you to make the presence of a weapon known to avoid bodily injury (where the use of force, not just deadly force is justified) it's not brandishing (if done correctly) and is perfectly legal to do so. See below, I am sure there is more to it than what can cite at the moment.
http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;
PC §9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
A few caveats:
1. If they don't have a weapon visible, keep the gun pointed down/away from the other person. Don't wave or point the gun at the person or do anything that could be considered brandishing. Don't make any threats. Just let the bad guy know that if he threatens you anymore you will be forced to defend your self.
2. As soon as the event is over, call 911 immediately. You want to have your version of events in before the other guys. Police tend believe whoever calls first. Try to remember every little minute detail and timeline of events.
3. Make sure you can articulate exactly what was it about the other person's actions that made you believe you were in danger.
Proceed with caution. IANAL. YMMV.
Alway have a firearm at arm's reach. In the trunk of your car is a bad place for it if you need it. If you have to disarm, don't get lazy and rearm as soon as possible.
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- Tue Dec 17, 2013 5:55 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Opinions/comments on parking lot guy approching me?
- Replies: 48
- Views: 2258