TexasCHLforum.com

TexasGal wrote:...This kind of social behavior along with stalking women's windows at night for extended peeping describes a man who is assuredly headed for much worse if not already doing much worse. When simply imagining becomes too boring, it is followed with action. This is not my opinion. It is the pattern often seen with rapists and murderers of women. . . .

This is true.

knotquiteawake wrote:Bob, wouldn't the van blocking him in, preventing him from leaving, he justification for threat of deadly force? I would be afraid something bad was going to happen if somebody blocked my car in and kept demanding money from me. It would be implied to me that i can't leave until I pay up.

It is still up to you to be able to articulate to the arresting officer, then to the DA, and ultimately to the jury why you thought it was a robbery.

As I mentioned, if it is a robbery, then it is justified. If it is panhandling, it is not. The situation is ambiguous. Absent convincing evidence of robbery, pointing a gun at someone and painting them with a laser is a crime.

Change the circumstances. If, instead of painting him with the laser the guy had actually pulled the trigger. Do you think it was justified to shoot the guy?

As a general rule, if a situation does not justify shooting someone, then it is not justified to point a firearm at them.

Per your description, he wasn't armed and he wasn't robbing you. Obviously, if he is robbing you, that changes everything and your conduct is justified.

Assuming it was not robbery, the following could apply:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
...
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
...
(2) uses or exhibits a deadly weapon during the commission of the assault.

Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
...
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

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

Painting him with the laser could be considered an additional, separate count of ASSAULT or TERRORISTIC THREAT.

Glad you weren't charged with anything, but in general I am careful about not actually pulling a gun on someone unless I am justified in shooting them. I know of multiple cases where CHL's who displayed a weapon without the justification to shoot ending up being convicted of assault. Especially road rage cases.

Parking lot interactions like you describe are often simply begging for money (which does not justify deadly force), and they are often an "interview" while the guy gets ready to rob you (whereas a robbery does justify deadly force), so the situation appears to be ambiguous. If you had been charged, then you are going to need to be convincing that it was a robbery.

AdioSS wrote:The first & only time I have was back in July. I had just been on a first date with a girl & we were at a bar, so my gun was in my truck. She left in her car, & I walked across the parking lot to my truck, got in & was about to back up to leave when a green 70s Dodge van pulled up behind me blocking me in. A guy jumped out and came up to the window of my truck. It was dark in the cab, so my black Beretta wasn't obvious. The guy was a bit old, definitely could use a bath & was asking for money. I told him no a few times, & when he wanted to shake my hand, I told him I was not going to shake his. Then he looked down at my right hand to see the .40 cal barrel pointed at his chest. Just to get the point across, I activated the Crimson Trace laser. He got out of there in a hurry!

Looks to me like you committed several crimes.

Oldgringo wrote:

Scott in Houston wrote:

Birdie wrote:Also pre-CHL, I was staying with another friend who was afraid of her neighbor (and she knew I had a gun). I awoke to find a man standing at the foot of her bed, talking to her. The conversation did not sound heated, but I didn't know him. Flipped on the lights, which surprised him and woke her up (she talks in her sleep). Turns out the man was her brother, who lived on campus. I hadn't actually drawn the gun that time, because I was unaware she talked in her sleep, and I couldn't figure out who she would be talking to so quietly. I did have my hand on the holster when I hit the lights, though.

That one is scary! Goes to show why it's best not to get involved unless it's absolutely clear. How easily could that situation have been misread. Good for you for keeping your cool.

Sleeping with someone used to be called being involved. Is that not called being involved anymore?

Birdie is a woman, Oldgringo.