Javier730 wrote:This could be viewed as illegal according to the Texas Penal Code (thanks for pointing that out Keith B, it may have saved me from hiring an attorney one day).Javier730 wrote:I used this at a Valero last night. There was two guys standing by the entrance asking for money. I parked by the pump and began using my debit card to fuel up. Both men started walking in my direction. Before they could even reach my truck I said to them, "Im not gonna give you any money." One of them walked back toward the store and the other kept approaching. I quickly went from concealed carry to open carry and said loudly, "STAY BACK!".The guys eyes opened up
he spun around and sprinted back to his buddy.
I then switched back to carrying concealed and continued fueling up all while keeping an eye on the two guys.
Thats the first time I have ever open carried. This also happened in San Antonio. We have always had a problem here with beggars but now they seen to be approaching in twos.Ive heard of people reaching for or even unconcealing the pistol and grabbing it (before open carry had passed and on this forum) when being approached by a panhandler or after a panhandler doesn't get the point that they are getting a little to close for comfort. I figured with open carry legal now, I could "switch" from concealed to open when ever I chose. But since this disorderly conduct section is in there about displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm, I have decided I will switch to open carry in my truck when getting ready to fuel up.Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
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(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
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I never even thought about open carrying nor will I go about my day open carrying. Like I mentioned in another thread, tiger1279s post made me consider trying it at the gas pump.
I tried it and it worked, but since it could be considered illegal, I will not do it again.tiger1279 wrote:I only conceal carry, but the last time I was approached while pumping gas I just pulled back my shirt revealing my weapon. The guy backed off. I like being able to show the weapon at times and not have to worry about breaking the law.
My question is, what could be considered displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm while open carrying. Could gripping an openly carried pistol, like LEOs sometimes do when approaching vehicles during traffic stops, be considered disorderly conduct? How about resting a hand on the pistol, like LEOs do sometimes when they are having a conversation? How about with a situation like mine where a panhandler is approaching, ignoring the fact he was told not to get any closer?
I am by no means trying to make people think I'm a LEO or intimidate the public. I am not gonna go around gripping my pistol while open carrying. I don't even plan on open carrying other than at the pump. All I want to do is keep panhandlers away and make any one of them approaching me as uncomfortable as they make me, all while complying with the law.
Thanks.
You have to take into account the "totality of circumstances." you cannot just say oh its automatically disorderly conduct or deadly conduct. You have to look at the big picture. So the individuals approached him, he said stop, one did not stop. He reacted to a threat. when the threat was resolved, he de-escalated. the threat of deadly force does not constitute the use of it.
but also keep in mind that the use of deadly force is authorized (generally speaking) when someone has fear of death or serious bodily injury; and just because the use of deadly force is authorized doesn't mean its moral.. hence the reason for the threat of deadly force.
there is a reason that cops don't shoot every time they draw their weapon.. its because the threat of deadly force is a BIG motivator.