TexasCHLforum.com

When I say Texas doesn't have a brandishing law, I mean similar to many other states where virtually any display of a weapon is a violation of the law. However, Texas does have statutes that deal with displaying a weapon, but the elements of those offenses require more than merely displaying it. For example, TPC §42.01 Disorderly Conduct includes an offense for "(8) display[ing] a firearm or other deadly weapon in a public place in a manner calculated to alarm[.]" Under certain circumstances, displaying a weapon could also constitute a "terroristic threat" in violation of TPC §22.07.

Also, if a person has a CHL and they "intentionally" fail to conceal it, he/she violates TPC §46.035(a), if their actions are not otherwise justified under Chp. 9 of the Penal Code. If the person is not a CHL and has a handgun in their car, they violate TPC §46.02(A-1), if the handgun is in pain view. If they step out of the car to chase someone with the handgun, then they violate TPC §46.02(a), whether or not the handgun is concealed.

I didn't mean to imply that people can waive a gun around with impunity. Sorry for any confusion.

Chas.

Texas does not have a brandishing law as do many states.

Chas.

The newly elected Dallas County District Attorney does not like car-carry and he has said he will mount a campaign to repeal it in 2009. This is probably just priming the pump and trying to get the public energized to support him in the next legislative session.

As a side note, this same DA supported the Castle Doctrine bill and drew a lot of heat from other DAs.

Chas.