What is "producing a weapon"?

[Ruark]

Texas Penal Code 9.04 includes: "...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."

Just wondering.... have any legal eagles determined what "production of a weapon" means? If the purpose is to create "an apprehension that he will use deadly force if necessary," it seems like that would include drawing and pointing at somebody... "back off or I'll shoot." This has probably never been tested in an actual court case, so at this point anything we say is speculative. Anybody want to throw in?

[MoJo]

Well I think that's Texas' way of saying "Brandishing." More learned than me will chime in I'm sure.

[Keith B]

MoJo is correct. I think a better term would have been 'presentation' instead of 'production'. But it you look at produce (production is the act of producing) in the dictionary the definition in 7 is there that says you bring it forward or present into view.

Dictionary.com
produce
...7. to bring forward; present to view or notice; exhibit: to produce one's credentials.

[Ruark]

MoJo is correct. I think a better term would have been 'presentation' instead of 'production'. But it you look at produce (production is the act of producing) in the dictionary the definition in 7 is there that says you bring it forward or present into view.

Well, yeah.... if that does include pointing it directly at the opponent ("stop, or I'll shoot!"), it's really more "threatening" than "presenting." And "threat" is the word used in 9.04 to summarize the act of "producing":

"...a threat to cause death or serious bodily injury by the production of a weapon..."

However, the law stipulates that you are limited only to "creating an apprehension" that you will use deadly force "if necessary." I'm not sure that includes taking it out and pointing it, or just exposing it and maybe resting your hand on it. Or maybe holding it at your side without pointing it...

[apostate]

If I sight in and take up the slack, I suspect that would be rather effective at creating the apprehension that I will use deadly force if necessary. Probably more effective than merely displaying the AR.