TexasCHLforum.com

Rex B wrote:Typical road-rage situation, one driver makes menacing gestures and moves his vehicle as to collide with the other. 2nd driver holds up his .38 revolver as to say "Don't mess with me".

I would call that brandishing,

I might call it bananaing, but that does not make it correct.

even though it was neither pointed nor fired at the other driver. But in this case, sounds like "Disorderly Conduct" is the correct charge.

Based on arrest reports in recent years, I would expect this to be trumped up to "Making a Terroristic Threat". It makes me mad to see LEOs or DAs use anti-terror laws to punish citizens beyond the intent to the lawmakers.

THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!

And the Terroristic threats law was in effect WAY before today's type of terrorism.


§22.07. Terroristic threat.

(a) A person commits an offense if he threatens to commit any
offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official
or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent serious bodily injury;

(3) prevent or interrupt the occupation or use of a building;
room; place of assembly; place to which the public has access; place
of employment or occupation; aircraft, automobile, or other form of
conveyance; or other public place;

(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;

(5) place the public or a substantial group of the public in
fear of serious bodily injury; or

(6) influence the conduct or activities of a branch or agency
of the federal government, the state, or a political subdivision of
the state.

This is not an anti-terror law, as would apply to terrorism as we think of it today.

TXinvestigators most recent post summed it up for me. I'm just looking at the wording concerning, "...in a calculated manner to alarm". I didn't have any intention to show or alarm anyone with my firearm. If anything, I was the alarmed one because I didn't want that dust getting on the internals, hence putting everything into the tupperware container.

I realize some sheeple will get up in arms and not care what the law is. Still, it doesn't cause you any less panic (at least for me) when someone comes at you like that.

KBCraig wrote:

casselthief wrote:what about #6, cause I'm always draggin' mine on the ground.
jess acks my ol' lady!

*whew!*

I'm sure glad I looked back at the first page, and saw that #6 is "knuckles"!

Sometimes I crack mine...Drives my mom nuts...

txinvestigator wrote:THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!

I love it when people say the "B" word here...

And it ain't Banana!

"txi" go to your happy place now...down boy...down!!!

Big Calhoun wrote:TXinvestigators most recent post summed it up for me. I'm just looking at the wording concerning, "...in a calculated manner to alarm". I didn't have any intention to show or alarm anyone with my firearm. If anything, I was the alarmed one because I didn't want that dust getting on the internals, hence putting everything into the tupperware container.

I realize some sheeple will get up in arms and not care what the law is. Still, it doesn't cause you any less panic (at least for me) when someone comes at you like that.

You got some fabulous advice here...And I wouldn't change a thing about how you take care of your personal property "on" your personal property, unless you would rather be a good nieghbor and not get the folks upset...

In your temporary setup though, I would probably not want to advertise what you got in your apartment...The transient nature of those places gives me the heebee-jeebees...

I probably wouldn't even have anything more than what I need to carry on my person in a place like that...Much less to lose (if anything) if you don't have the whole collection there...

But thats just me...Like the others have said, you've done nothing wrong...

And everytime I see that couple from your perch...I'd just smile...And not say a word...

Venus Pax wrote: The bumper sticker offended her, I'm sure. Offending someone is getting to be a crime. I get so infuriated at these people that are offended at the slightest things. I finally asked a lady one day, "So, is this the first time you've been offended?"

I am offended by her intolerance.

Gun ownership is on the protected "tolerance" list isn't it?

Jacob Staff wrote:

Venus Pax wrote: The bumper sticker offended her, I'm sure. Offending someone is getting to be a crime. I get so infuriated at these people that are offended at the slightest things. I finally asked a lady one day, "So, is this the first time you've been offended?"

I am offended by her intolerance.

Gun ownership is on the protected "tolerance" list isn't it?

Nope...

I guess I'm a glutton for punishment.

O6nop wrote:
I should quit while I'm ahead
but for my own satisfaction, I meant it as "displaying in a threatening manner". .

MY point is that I try not to display any of my weapons, anytime, to any eyes, unless I'm actually using it. Paranoia? I suppose so.


Alright, I think some understanding of the LAW is in order.

Texas does NOT have a brandishing law. The "intentionally fail to conceal" law only applies when you are carrying your handgun under the authority of your CHL. When you are on your own premise you are not under your CHL, there is no prohibition about having, carrying or displaying a handgun on your own premise.

I don't know if you intentionally left out my explanation because you didn't read it or felt it wasn't pertinent. You treat this thread like we are all lawyers discussing a case. If people were never arrested and prosecuted for something they didn't do, or sued when they weren't negligent of something, we wouldn't need a court system.

It's obvious that a citizen doesn't have to know the letter of the law to report something to the police. Whether it's a squirrel staring at you or someone points a gun at you, the police or the DA will probably sort out whether the law has been broken. If someone calls the police and insists you threatened them with a gun, I have no doubt they will investigate. Why would this happen? Either because you did or they are wacko and want to retaliate for something you may have done to them. If the police officer asks the 'victim' what the gun looked like and they describe it perfectly, then they may continue to investigate. That would concern me. If I am ignorant enough of the law not to know which section and subsection of the law and the exact wording, that won't stop the police or the DA from going forward with whatever duties are required of them to make the public safe.
If they can't describe the gun then there's a better chance that no one will believe the alleged victim.
If I am wrong about any of the explanation I am giving, just reply with "this could never happen" and I will lay off this thread forever

O6nop wrote:If someone calls the police and insists you threatened them with a gun, I have no doubt they will investigate....
If I am wrong about any of the explanation I am giving, just reply with "this could never happen" and I will lay off this thread forever

Yes, it could happen; and at worst you could be arrested by an ignorant police officer and prosecuted by an overzealous assistant DA.

Someone could make the same kind of false accusation about verbal threats, which are just as much a crime as threatening someone with a weapon.

I think it's too small a risk to worry about. (There are many unlikely possiblities that I don't worry about.)

- Jim

OK, learned a lot.

O6nop wrote:I guess I'm a glutton for punishment.

O6nop wrote:
I should quit while I'm ahead
but for my own satisfaction, I meant it as "displaying in a threatening manner". .

MY point is that I try not to display any of my weapons, anytime, to any eyes, unless I'm actually using it. Paranoia? I suppose so.


Alright, I think some understanding of the LAW is in order.

Texas does NOT have a brandishing law. The "intentionally fail to conceal" law only applies when you are carrying your handgun under the authority of your CHL. When you are on your own premise you are not under your CHL, there is no prohibition about having, carrying or displaying a handgun on your own premise.
I don't know if you intentionally left out my explanation because you didn't read it or felt it wasn't pertinent. You treat this thread like we are all lawyers discussing a case.

Did you see me quote case law?

If people were never arrested and prosecuted for something they didn't do, or sued when they weren't negligent of something, we wouldn't need a court system.

really? The courts are only for prosecuting people for something they didn't do? Guilty people never get off?

It's obvious that a citizen doesn't have to know the letter of the law to report something to the police.

Agreed. I am not addressing people who are interested in reporting crime, but people who fear being reported. And it helps to know the actual law. If I believed some old wives tale I might not enjoy an actual right or priviledge under the law. ;)

Whether it's a squirrel staring at you or someone points a gun at you, the police or the DA will probably sort out whether the law has been broken. If someone calls the police and insists you threatened them with a gun, I have no doubt they will investigate. Why would this happen? Either because you did or they are wacko and want to retaliate for something you may have done to them. If the police officer asks the 'victim' what the gun looked like and they describe it perfectly, then they may continue to investigate. That would concern me. If I am ignorant enough of the law not to know which section and subsection of the law and the exact wording, that won't stop the police or the DA from going forward with whatever duties are required of them to make the public safe.
If they can't describe the gun then there's a better chance that no one will believe the alleged victim.
If I am wrong about any of the explanation I am giving, just reply with "this could never happen" and I will lay off this thread forever

My point is that there have been many posts that made it clear that the law was not understood AT ALL. There is no reason to fear a law that does not exist, nor to fear prosecution for something that is not illegal.

As far as threats, the police, generally, are not stupid. If a person complains that you had a gun on a table on your patio and "thats illegal" the police will tell them it is not.\

If someone wants to alledge you threatened them, they can whether or not a gun is involved.

THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!THERE IS NO CHARGE IN TEXAS OF BRANDISHING!!!!!

You guys slay me with semantics.




Verb: brandish brandish
1. Move or swing back and forth
- flourish, wave

2. Exhibit aggressively
"brandish a sword"
Noun: brandish brandish
1. The act of waving
- flourish
Derived forms: brandishes, brandishing, brandished
Type of: displace, display, exhibit, expose, move, wafture, wave, waving
Encyclopedia: Brandish


There is no such thing as a “Bremmer� bull either, (cowboy-ese for Brahma), but everyone would understand what I meant….if I told you not to go out in the pasture with him. Wouldn’t matter if I called him “Bremmer�, “Brahma� or “Poopsie�.




Yes, there is no charge called "Brandishing". However, if you physically display your weapon in the manner described above (at the wrong time, wrong way, wrong place), you might well be charged....(even its called something else).

That one of your Brimmer Bulls or just a picture of a Bramer Bull out of a book.

Could be your Father-In-Laws Pasture Guard.

Big Calhoun wrote:So the gentleman (I use that term loosely) comes over and basically tells me I'm breaking the law and he's going to call the police. HUH!?!?!?

Just hope the cops bother to stop by your place on the way to tell him o buzz off. Maybe that way you can have them ask him what he thought he was accomplishing by threatening a guy who quite obviously has at least one gun.

Strikes me as being about as bright as the old "I'll be back with my gun" threat.

I had a nice ol' Brammer Bremmer Brahma at one time. I could ride around on his back and he loved it. I was a but a wee lad then, and one day I think that my grandmother told me it "ran away."

Probably to the slaughterhouse.

Ignorance can be bliss....