sjfcontrol wrote:Soooo. CJ thinks there is a legal definition of "Brandishing" in Texas?
How very Clintonesque! (Depends on what your definition of is, is.)
While there isn't a specific law on 'Brandishing' in the penal code, they can charge you with disorderly conduct.
If it makes you feel better, (as they're stuffing you in the back of the cop car), you can shout "I'm not being arrested for brandishing!"
I'm sure there are some internet lawyers out there that will point out that he's not 'waving or flourishing' or that his display didn't cause alarm, but I don't think that will hold much water in front of the magistrate.
Or, maybe he just doesn't mind spending a few months of his life in the legal system or just enjoys spending money on legal fees.
Regardless,that guys a forking idiot!
bran·dish verb: To wave or flourish (something, especially a weapon) as a threat or in anger or excitement.
TEXAS PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCYw
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;