Brandishing a "clip" (most likelty a magazine)

[rp_photo]

http://blog.chron.com/newswatch/2012/04 ... ith-a-gun/" onclick="window.open(this.href);return false;

Does this legally equate to brandishing the gun itself?

[Jumping Frog]

No, a magazine is not a firearm.

They said she was charged with a felony. Aggravated Assault (Sec. 22.02) is a felony, but I'd be hard pressed to see how a magazine qualifies as "uses or exhibits a deadly weapon".

I'd suspect they are charging her under Sec. 22.07. TERRORISTIC THREAT.

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:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;

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

(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of serious bodily injury; or

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

They said she was charged with a felony, and (a)(6) is an F3.

[WildBill]

No, a magazine is not a firearm.

They said she was charged with a felony. Aggravated Assault (Sec. 22.02) is a felony, but I'd be hard pressed to see how a magazine qualifies as "uses or exhibits a deadly weapon".

I'd suspect they are charging her under Sec. 22.07. TERRORISTIC THREAT.

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:

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

They said she was charged with a felony, and (a)(6) is an F3.

It appears as the "loaded clip" has nothing to do with the elements of the "crime." I doubt she would have been arrested if she had been empty handed. It seems like an unconstitionally vague law.

She will probably cop a plea to disorderly conduct and lose her right to get a CHL.

[atouk]

This looks like a duplicate of http://texaschlforum.com/viewtopic.php?f=83&t=54711" onclick="window.open(this.href);return false;

[Keith B]

Duplicate topic. Thread locked