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While I do not go around making threats or condoning those who choose to do so. My question is "assuming he was licensed to carry, what crime was committed if the gun remained holstered?"The mother of one of the teens heard squealing tires and suspected her son and his two friends were behind the noise. She said before she could go outside to stop it, the teens said Warner confronted them, showed his holstered gun and said he would put bullet holes in their truck if it happened again.
In general, it is illegal to threaten people, either under PC. 22.01 Assault or under PC 22.07 Terroristic Threat. If you use a deadly weapon to make the threat, it upgrades assault to Aggravated Assault under PC 22.02. This is how the homeowner was charged.Flightmare wrote:While I do not go around making threats or condoning those who choose to do so. My question is "assuming he was licensed to carry, what crime was committed if the gun remained holstered?"The mother of one of the teens heard squealing tires and suspected her son and his two friends were behind the noise. She said before she could go outside to stop it, the teens said Warner confronted them, showed his holstered gun and said he would put bullet holes in their truck if it happened again.
As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.Flightmare wrote:As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
C-dub wrote:I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.Flightmare wrote:As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
It would be one thing to walk out OC. But the act of uncovering a CC would punctuate any threatening words that were used.He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."Flightmare wrote:As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
Yes, I am curious if he admitted having threatened them. Teens today are very savvy about this sort of stuff. If he was OC, and they saw it, they could have made it up to get him in trouble because he told 'em to knock it off. Lots of vindictive people out there, and that includes teenagers. I hope someone from that area will follow up on this story later on.Oldgringo wrote:Does everybody want to be a CHL/OC proponent barrister?
Y'all reckon the kids could've conjured this gun flashing story? You know, kinda' like all of the 30-40 year old 'inappropriate contact' bull we've all heard so much about lately?
I agree with you that it was a stupid thing to do. As you said, the article does not state whether the firearm was open or concealed, only that it was holstered. If he was open carrying, he made a poor choice in words. However I do not see how his actions of open carrying were criminal if he was licensed. But just because something is legal, does not mean it is wise.Scott B. wrote:He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."Flightmare wrote:As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
That's pegging the stupid meter for a license holder. We don't know, based on the reporting, if it was carried openly or concealed. It doesn't matter.
The report did not say he uncovered it, only that he showed it. This could be bad reporting and mean that he was open carrying. Granted, this is speculation on my part. It just seems the writer of the report was in a hurry to get his article out first, instead of having all the information. I am not backing the HOA president's actions. At the very minimum, he was foolish and casts a bad light on all responsible LTCs. I'm merely saying that the reporting appears to be lacking.chasfm11 wrote:C-dub wrote:I can't seem to find it, but remember before there was OC when one could OC in their front yard, generally considered a "public area", but not public property, and one would be legal unless done so in a threatening manor? I'm fairly sure there was at least one thread on here about this. Now, since the gentlemen in question actually did make a threat and uncovered it to do so I would have thought that would have counted.Flightmare wrote:As long as it stayed in the holster, how is that any different than anyone else open carrying? He may have done more than is reported, in which case it is sloppy reporting. All I'm saying is that based on the reported information, I didn't see where he committed any crime since it reported that the gun was in his holster.C-dub wrote:Wouldn't this have fallen under the whole "carried in a threatening manner" category since the weapon was shown?
I'm guessing that he has an LTC. Otherwise, there should have been a UCW charge, too.
More like we don't even know if the accused did what he is accused of.. We have a third party account from a reporter from a media Org often found to be lacking in truth, context and sometimes just presenting outright lies, of what the teen and his mother may have reported the accused allegedly did.Scott B. wrote: He "...showed his holstered gun and said he would put bullet holes in their truck if it happened again."
That's pegging the stupid meter for a license holder. We don't know, based on the reporting, if it was carried openly or concealed. It doesn't matter.