Scott B. wrote:'Brandishing' isn't specifically in the penal code, but it's a term I think we all understand. I use the term in my classes when talking about 46.035 vs 9.04.
"§46.035 - Unlawful Carrying of Handgun by
License Holder
(a) A license holder commits an offense if the license
holder carries a handgun on or about the license
holder's person. . .and intentionally displays the
handgun in plain view of another person in a public
place. It is an exception to the application of this
subsection that the handgun was partially or wholly
visible but was carried in a shoulder or belt holster
by the license holder."
Versus
"§9.04 Threats as Justifiable Force
The threat of force is justified when the use of force
is justified by this chapter. For the 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 the will use deadly force if
necessary, does not constitute the use of deadly force."
What I need to dig up is the charge you'd face under 46.035...but I've had a long day. Somebody else do my homework.
Intentionally displays...is legal if you have it in a shoulder or belt holster, so it's not "brandishing" as other States use the term. It's generally understood to mean bringing the weapon into a position to fire, or drawing it from where you're carrying it and bringing it to your hand for imminent use, or "waving it around"...
ETA: You wouldn't face any charges under 46.035 in OP example. You'd potentially face "assault" or "disorderly conduct" or "menacing" or "terroristic threats".
