displaying a weapon a threat?

[threeg45]

A question in regards to a question about displying a weapon.
I received this side of the story and wanted to know what others thought of these events.
A customer returns a defective used relaoding machine. There were no signs or a statement on the receipt that all sales are final. The gun shop counter person refuses to to refund or exchange as the press was used. Both parties ended up yelling and cursing each other. The counter person tells the customer to leave and was not welcome back at the store. Customer picks up the receipt and bends over to pick up the press and then looks back to the counter and the clerk has his weapon out. It was not pointed at the customer but was in the clerks hand. The customer left and called the police. After the police talked to both parties the officer told the customer that the clerk only displayed the weapon so no law was broken.

[Keith B]

I don't think display of a weapon inside a private buisness is an offense. The only thing would be if the clerk threatened the customer, then it might be assault. However, it would be a his word against the clerk, so unless a witness cooberated, they would have a hard time proving it.

[TDDude]

The clerk was a jerk.

If the press didn't work and the customer wasn't happy, then something should have been worked out. Even at a pawn shop I've been able to work something out in the way of a store credit for something else.

I'm sure no law was broken but the clerk could have done something else like participate in a little customer service.

[KBCraig]

It's not a threat unless it's conveyed to someone else. The way I read it (correct me if I'm wrong), the customer only saw the gun when he bent down.

Absent verbal threats, pointing it at someone or gesturing with it in a threatening way, "gun store clerk with a gun in his hand" can't be construed as a threat.

[quidni]

The clerk was a jerk.

If the press didn't work and the customer wasn't happy, then something should have been worked out. Even at a pawn shop I've been able to work something out in the way of a store credit for something else.

I'm sure no law was broken but the clerk could have done something else like participate in a little customer service.

Demotivator courtesy of Despair, Inc

[KC5AV]

Love.Despair.com.

-John

[lawrnk]

Will you share the name of the store? Sounds like somewhere I wish to avoid.

[lawrnk]

Had it not been an owner in his shop, I may have drawn. That is a really tough situation, considering drawing without the intent to fire is a dangerous choice

[Liberty]

Had it not been an owner in his shop, I may have drawn. That is a really tough situation, considering drawing without the intent to fire is a dangerous choice

Without witnesses and other proof any legal actions would have been likely favorable to the shop owner.

[threeg45]

In reply to the question on when the customer saw the gun. The gun was in the holster the time up to when the customer bent down to pick up the press and straighened up was when the clerk had the weapon in his hand.

[KC5AV]

Will you share the name of the store? Sounds like somewhere I wish to avoid.

Ditto.

[threeg45]

The shop is in Arlington. This friend of mine said he knew better than to shop there but he did anyway. I am going to try to get my friend to reply to that question since that I was not the one involved. The shop was in Arlington.

[Texian]

I received this side of the story . . .

When you have only one side of a story it is always a problem making judgments.

This friend of mine said he knew better than to shop there but he did anyway.

This is almost always a mistake to proceed when you have reasons to avoid a situation.

Both parties ended up yelling and cursing each other.

I think that this is why we study "conflict resolution" in our Texas CHL classes.

[zigzag]

Gunshops like that should know better. Customer satisfaction is nonexistent. Oh well not anymore in today's world. I go to Walmart and be happy.