Is it legal to...

Is it legal to...

This is a discussion on Is it legal to... within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Brandish your firearm in your vehicle if someone approaches you in an aggressive and threatening manner? I had a guy yelling at me run up ...

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  1. #1
    New Member Array TxRangers04's Avatar
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    Is it legal to...

    Brandish your firearm in your vehicle if someone approaches you in an aggressive and threatening manner? I had a guy yelling at me run up to my car door, and when he did I reached in my glove box to retrieve my .380, as soon as I had turned around he had a knife already in his hands. I showed him the gun to back off, and then I left the parking lot. I dont have a CHL, I was at the range before I had stopped to get groceries so the gun was already there. I'm worried about getting arrested for brandishing my weapon. Any clarity would be much appreciated.


  2. #2
    VIP Member Array mlr1m's Avatar
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    I would imagine it depends on the laws in your State. In the State I live in, Oklahoma, brandishing while acting in self-defense is not a crime.

    Michael

  3. #3
    VIP Member Array Yoda's Avatar
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    Did you call the law?

    U would be justified to defend yourself against a knife wielding assailant.


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  4. #4
    New Member Array TxRangers04's Avatar
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    I'm in Texas. And I did not call the police.

  5. #5
    VIP Member Array farronwolf's Avatar
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    You should have called the police. Any time you display a weapon in defense you should report the incident to the police so they can look for the person who caused you to defend yourself.

    Here are a couple of statutes you need to be aware of. You say you don't have your CHL. I think regardless if you want a CHL or not, attending a good CHL class is well worth the money for anyone who wants a deadly weapon as a means of defense, either inside or outside the home. Knowledge of the laws is a must.

    Sec. 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.
    Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:(1) if the actor would be justified in using force against the other under Section 9.31; and(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:(1) knew or had reason to believe that the person against whom the deadly force was used:(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);(2) did not provoke the person against whom the force was used; and(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  6. #6
    Member Array ponchsox's Avatar
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    You always want to be the first 911 caller in an incident like this. The BG or a bystander can call 911 and tell them there is a crazy guy pointing a gun.

  7. #7
    Member Array jrizzleP95's Avatar
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    u got the hell outta there that was prob the best thing u could of done!
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    Brandishing a gun is a crime. Producing a gun in response to a deadly threat is called self defense.
    MrBuckwheat and JDE101 like this.
    I haven’t heard any of the journalists who volunteered to be waterboarded asking to have their fingernails wrenched out with pliers, or electrodes attached to their genitals.

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    VIP Member Array Hiram25's Avatar
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    Show me the knife and get shot!
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  10. #10
    Senior Member Array jblives2ride's Avatar
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    you were perfectly legal in Texas under the castle doctrine and here is the rest of the story Now, if you are asking about the carry of concealed handguns in an automobile without a CHL, that's an entirely different law from the "Castle Doctrine".

    That is under Penal Code section 46. Weapons.

    The important piece of that related to cars is:

    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (1) on the person's own premises or premises under the person's control; or
    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

    That means you can carry a concealed handgun in a car that you own or control. You can't be carrying concealed while riding in the back seat of your friends car.

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  11. #11
    Senior Member Array jblives2ride's Avatar
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    since it was your vehicle your G2G (good to go) I think you should have called the police giving them a description that would help them locate the BG and possible save someone else's life...my .02
    I would rather live my life as if there is a God,
    And die to find out there isn't, than live my life
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  12. #12
    Senior Member Array RightyLefty's Avatar
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    I don't think you would be charged with brandishing a weapon. As others have suggested, always dial 911 as soon as it is safe to do so. The first person to report a crime will most likely be considered to be the victim and not the other way around.

  13. #13
    Senior Member Array Sig35seven's Avatar
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    Instead of staying stationary and taking time to reach in for your gun, you could have driven away. You finally drove away anyway so why did you bother pulling out the gun?
    "Confidence is food for the wise man but liquor for the fool"

  14. #14
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by atctimmy View Post
    Brandishing a gun is a crime. Producing a gun in response to a deadly threat is called self defense.
    Guess it all depends on how you define brandishing.
    bran·dished, bran·dish·ing, bran·dish·es
    1. To wave or flourish (a weapon, for example) menacingly.
    2. To display ostentatiously. See Synonyms at flourish.
    n.
    A menacing or defiant wave or flourish.
    When I used my weapon did all of the above. I assure you I did it in a very menacing manner. My reason for doing it was self-defense. Perfectly legal in my State but not in all States.
    Had I done the same thing for reasons other than self-defense it would not be legal in my State.

    Michael

  15. #15
    Ex Member Array Rotorhead84's Avatar
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    Quote Originally Posted by ponchsox View Post
    You always want to be the first 911 caller in an incident like this. The BG or a bystander can call 911 and tell them there is a crazy guy pointing a gun.

    +1

    Usually the person that calls 911 first is the "victim" Even if its really the badguy.
    JDE101 likes this.

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