Brandishing?

[sjfcontrol]

Question: Will someone please direct me to the legal sources (laws and definitions) for CHL, brandishing, and the supposed assumption of "deadly force" being used. I have been Googling state and non-state sources for way to long this afternoon.

Texas law does not use the term "Brandishing". A firearm is either concealed, or it isn't. Concealed Handgun means "the presence of which is not openly discernible to the ordinary observation of a reasonable person." GC 411.171(3)

The Education Code (EDC 37.125) also talks about the "exhibition of firearms" at schools, and can be found on page 53 of the CHL-16 booklet (3rd degree felony)

[speedsix]

...if you think this is a "zombie" thread...you've lead a sheltered life...this is a question well worth asking BEFORE it comes up on the street...

G.A. meant "zombie thread" as in "a thread back from the dead," not as in Zombieland. Until HerbM's post yesterday, the last activity in this topic was June 12, 2005.

...I totally understand that...I'm too old to know about the other zombies...that may be a record here but t'ain't nuttin' compared to some forums...but older is better and easier, anyways, 'cause we already know the answers...

[CJD]

What if the situation has diffused, and it is no longer an "emergency"? Some PDs might get testy, no?

[magillapd]

As a 911 Dispatcher, as long as you don't call 911 to ask for directions, you're most likely going to be ok. If you call 911 try to be calm about it. To be honest, it's my job to get details to first put up a call then get it dispatched. First it helps if you know where you are. If you are calling from a cell phone there is a chance that the cell tower may route to a different agency then where you actually are. 2nd, give your name and phone number. Be clear when answering and don't be rude to the call taker. Our priorty is getting the information needed to keep our Officers safe. Tell them that you have a CHL and where your gun is located. Secure it if possible prior to officers arriving, but if you don't feel safe doing so MAKE SURE YOU LET THE DISPATCHER KNOW. It's legal to use a firearm to defend yourself, and it's not the dispatchers job to dictate that to you.

After giving the description of the actor, give a detailed description of yourself and what you are wearing. Make sure to let the call taker know at all times where your gun is and if you move it or have to redraw, let them know.

I don't care if someone has a gun out and ready to use. But when the officers arrive, you MUST secure it so that you are not mistaken as a BG.

[Skiprr]

...if you think this is a "zombie" thread...you've lead a sheltered life...this is a question well worth asking BEFORE it comes up on the street...

G.A. meant "zombie thread" as in "a thread back from the dead," not as in Zombieland. Until HerbM's post yesterday, the last activity in this topic was June 12, 2005.

...I totally understand that...I'm too old to know about the other zombies...that may be a record here but t'ain't nuttin' compared to some forums...but older is better and easier, anyways, 'cause we already know the answers...

Then, since you fully understood the post, as a Forum moderator may I please ask that you refrain from any personal affronts or attacks (e.g., "if you think this...you've led a sheltered life") in your posts.

I'm glad you can't compare us to other forums; we're very darned proud of that.

Debate the topic, but please don't attack the person.

[speedsix]

...if you think this is a "zombie" thread...you've lead a sheltered life...this is a question well worth asking BEFORE it comes up on the street...

G.A. meant "zombie thread" as in "a thread back from the dead," not as in Zombieland. Until HerbM's post yesterday, the last activity in this topic was June 12, 2005.

...I totally understand that...I'm too old to know about the other zombies...that may be a record here but t'ain't nuttin' compared to some forums...but older is better and easier, anyways, 'cause we already know the answers...

Then, since you fully understood the post, as a Forum moderator may I please ask that you refrain from any personal affronts or attacks (e.g., "if you think this...you've led a sheltered life") in your posts.

I'm glad you can't compare us to other forums; we're very darned proud of that.

Debate the topic, but please don't attack the person.

...how anyone can get a personal affront out of my comment I don't see...and I didn't attack Mr. Heath by any stretch of the imagination...my comments were directed to the thread not being all that zombied...my recent posts in threads on post etiquette have clearly agreed with not making attacks on a person's person...there was no debate...that was a tongue-in-cheek aside about his aside...and the rest of my comment dealt with the OT...I'd be surprised if he took it any way but that...

[gigag04]

"What if" you are in a situation where you use a firearm for protection, drawing and possible aiming at the bad guy and he leaves. I have always heard that you want to be the first to call the cops.

Should you
a) call 911
b) call the county sheriff's non-emergency line
c) call the city PD (if you know what city you are actually in)
d) call Metro PD if your on a tollway
e) get tired of waiting on hold and take your chances
f) write out a statement for yourself and go about day.

911 will get you to the correct jurisdiction even if they have to transfer you.

[jamisjockey]

Not brandishing.

PC §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.

So if you feel that you have cause to use force, and that threatening deadly force will hopefully de-escalate a situation, you're in the right and its not brandishing.
That said, if you are in some level of fear that you need to produce a weapon, with the assumption that if things don't de-escalate you'll use said weapon, why wouldn't you call 911?

Good post Stevie.

The only place I would differ is that I would make it a 911 call, for two reasons. First, if the BG decides to call 911, fearing you are going to, then his "man with a gun" call is going to drop and the police will be looking for you as the BG. Also, some may think that you weren't actually in fear for your life, or serious bodily injury, if you chose to make a non-emergency call, rather than a 911 call. (Yeah I know, the attorney is me is coming out.)

Secondly, you want to give the LEO's a chance to get the BG, before he does this to someone else.

Regards,
Chas.