Javier730 wrote:Telling someone to "STOP!" or "GET AWAY!" while open carrying is not illegal.
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.
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.
You do have to be careful in going from concealed to open carry. First, you must have your handgun in a belt or shoulder holster to open carry.
Second, if you do not have the justification to use force under Texas Penal Code Chapter 9, then you are not covered by the exemption for production of a weapon. If you were not justified in using force under TPC 9, then you could be charged under TPC 42.01(8)
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;
......
So, basically, while I think you had the right to use threat of force at the point the individual continued on toward you, if someone wanted to try and twist it they could claim you were doing it to alarm them when you had no justification to do so.