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Carry-a-Kimber wrote:I'm probaly not going to be the most popular guy around for saying this but.......I would have to say he has as much right to practice his 1st Amendment as you have to practice your 2nd Amendment. I don't use profanity around the kids, in public, or that much in general; however, it is not my job to tell someone else the type of language they can use in public. If a friend or family member chooses to use that type of language in my house around my kids, I would tell them not to IN MY HOUSE. Otherwise, I would take it as an opportunity to teach my child that that type of language is reserved for adults and not appropriate for children. I don't think putting your hand on your piece was out of line given the confrentation, if it had escalated you need every second to count and having your hand at the ready would increase your odds if things went South.

jamisjockey wrote:I wouldn't have done much different. Unfortunately, politeness is a lost art anymore. As an adult, I don't care what you say around me. But swearing around my children is uncalled for.

Last year I was at a gas station with my kids. I had gotten them out of the truck while I filled up, we were going to go inside for Icees. Four youths at the vacum with some very dirty rap music blaring. I walked up and asked them to turn it down, because my kids could hear the language. I got a "sure" and a "yes sir". They didn't turn it down but bumped the player to a song that wasn't offensive.
The encounter stood out because while I wasn't looking for a fight, I wasn't going to tolerate the level of obsceninty being blared out in the presence of my children. It wasn't the reaction I expected.

My standard for armed response is much lower when my children are involved than myself or another adult. Getting between him and your child was the right call.
I would have probably ordered him to back off. 4 to 1 is clear disparity of force, as well as you being accompanied by your child.

As for the exit from the store, an option would be to tell the store manager that the other customer made threatening gestures (grabbing your cart) and used obscene language towards you, and that you need store security to escort you to your car.

By the way, under Texas Penal Code for disorderly conduct

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

Depending on the language, contacting the police might have been in order. It could have given you a better leg to stand on if you were forced into a position to defend yourself.

By the way, if he really was a Marine, he's disgracing the title wtih that sort of public display.