My first CHL-related incident with HPD

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
kanders
Member
Posts in topic: 1
Posts: 46
Joined: Mon Sep 11, 2006 9:40 am

My first CHL-related incident with HPD

#1

Post by kanders »

.....
Last edited by kanders on Thu Jan 27, 2011 11:00 am, edited 1 time in total.
User avatar

tacticool
Senior Member
Posts in topic: 1
Posts: 1486
Joined: Tue May 12, 2009 2:41 pm

Re: My first CHL-related incident with HPD

#2

Post by tacticool »

The first one to call 911 usually wins. (The battle, if not the war.)
When in doubt
Vote them out!
User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 26851
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: My first CHL-related incident with HPD

#3

Post by The Annoyed Man »

Giving him the finger may well hurt your case. Just think... If you had ignored him and his thumbs up, you wouldn't be posting this.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar

KC5AV
Senior Member
Posts in topic: 2
Posts: 2115
Joined: Mon Nov 19, 2007 5:24 pm
Location: Marshall

Re: My first CHL-related incident with HPD

#4

Post by KC5AV »

You over-reacted. The fact that he saw the gun sitting in your lap means that you pulled a gun on him. Using the 'other finger' escalated the situation.
I think you will be very lucky to avoid charges.
NRA lifetime member

Weg
Senior Member
Posts in topic: 1
Posts: 574
Joined: Thu Nov 27, 2008 1:06 pm

Re: My first CHL-related incident with HPD

#5

Post by Weg »

doesn't someone half to die for it to be a homicide investigation?
User avatar

MasterOfNone
Senior Member
Posts in topic: 1
Posts: 1276
Joined: Mon Dec 06, 2010 12:00 am
Location: Dallas
Contact:

Re: My first CHL-related incident with HPD

#6

Post by MasterOfNone »

From the perspective of a third party, it appears that you did not feel threatened enough to call 911, but you drew your gun on this guy. The fact that you drew it from the holster and made it visible to him amounts to pulling the gun on him. Regardless of whether you intended for him to see it, you drew it in response to verbal provocation alone.
I don't know why they call it a homicide case, unless they just mean that their homicide detectives handle such cases.

My rule of thumb, as I teach my students, is that any time my gun gets involved in any way, I need to call 911 immediately.
http://www.PersonalPerimeter.com
DFW area LTC Instructor
NRA Pistol Instructor, Range Safety Officer, Recruiter
User avatar

couzin
Senior Member
Posts in topic: 3
Posts: 1001
Joined: Wed May 04, 2005 7:12 pm
Location: Terrell, Texas

Re: My first CHL-related incident with HPD

#7

Post by couzin »

kanders wrote:Did I overreact...
Yep!! All the wrong moves - afraid you escalated this one bud!!
“Only at the end do you realize the power of the Dark Side.”

alvins

Re: My first CHL-related incident with HPD

#8

Post by alvins »

well the first thing you did wrong was pull out your gun where he might see it.dont pull it for any reason unless your really going to shoot someone period.

they can and might arrest you for aggrivated assult;which is a felony.

the reason you probably werent arrested was because the guy didnt want to press charges.
User avatar

Beiruty
Senior Member
Posts in topic: 1
Posts: 9655
Joined: Tue Aug 12, 2008 9:22 pm
Location: Allen, Texas

Re: My first CHL-related incident with HPD

#9

Post by Beiruty »

If the actor was let go and the pistol is returned. Then, the actor was not arrested.
Homicide Investigation? Where is the murder? Where is the body? I conclude that was a scare tactics and or they would check the serial number of your firearm vs stolen or maybe maybe ballistics.
There would be a report and better call and follow on the status of the report, but I do not think there will be charges. If interviewed or asked to make a statement, lawyer up.

Note, the report would says he said, she said, no harm, no witnesses ....

Can we say a suspect for a homocide and let go with a gun? :eek6 :headscratch
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member

Rebel
Senior Member
Posts in topic: 7
Posts: 225
Joined: Sun Nov 21, 2010 8:04 pm

Re: My first CHL-related incident with HPD

#10

Post by Rebel »

You state
I know the state laws concerning CHL holders, use of force, and justification pretty well.
But clearly you don't. You created/escalated the situation(he gave you a thumbs up, you gave him the bird), then you drew your gun because he started yelling at you while you were in a vehicle. How was your life in danger? What would you have done if he had taken a swing at you? You know getting into a scuffle with an individual and being punched doesn't justify drawing of your weapon. This wasn't a mob of guys or someone with a weapon of some sort, just a guy yelling at you.

A point made over and over again during both my CHL classes was that as a CHL holder you had to hold yourself up to a higher standard and to avoid putting yourself in bad situation. It's not a license to be "belligerent".

You went way overboard, plain and simple.
User avatar

rmr1923
Senior Member
Posts in topic: 5
Posts: 410
Joined: Mon Jan 10, 2011 1:09 pm
Location: Katy, TX

Re: My first CHL-related incident with HPD

#11

Post by rmr1923 »

i don't understand where the "homicide" investigation comes into play here unless there was a recent shooting somewhere close by, and they thought you may have been a "person of interest" due to the fact that shortly after the shooting the police get a 911 call about a guy in the general vicinity pulling a gun on someone. though if this was the case i don't imagine they would have just let you go, with or without your gun. sounds like a scare tactic and i doubt any charges will come of it. if there are no other witnesses that can testify that they saw you draw your gun, it becomes a case of your word against his, unless a security camera somehow got a good enough shot inside your car.

i really don't see what they can charge you with that would hold up in court and lead to a conviction though, so i doubt they'll pursue it unless the other guy wants to press charges. i will agree with the other posts in that you escalated this and provoked him, but i understand that you had no idea what he was going to do when he started coming toward you. for all you knew, he could have pulled a weapon and unloaded a few rounds through your window before you even had a chance to draw yours. i'm not sure if you've ever considered this scenario before (i know i've run it through my mind a couple times), but depending on where your holster is on your body, it's probably better to have the gun somewhere else inside your car where it's concealed but readily accessible (i.e. a place where you can put your hand on or near it incase you have to draw, but still keep it concealed).
User avatar

i8godzilla
Senior Member
Posts in topic: 1
Posts: 1184
Joined: Mon Jun 21, 2010 10:13 am
Location: Central TX
Contact:

Re: My first CHL-related incident with HPD

#12

Post by i8godzilla »

I was not there, but from your post it sounds like rolling the window down was a big mistake. Prior to that, you could have claimed that you were just removing the weapon before exiting the car--failure to conceal. If he would have continued to bang on the window you might have been able to get it fixed on his dime.

Best of luck!
No State shall convert a liberty into a privilege, license it, and charge a fee therefor. -- Murdock v. Pennsylvania
If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham

Rebel
Senior Member
Posts in topic: 7
Posts: 225
Joined: Sun Nov 21, 2010 8:04 pm

Re: My first CHL-related incident with HPD

#13

Post by Rebel »

Beiruty wrote:Note, the report would says he said, she said, no harm, no witnesses ....
Well except for the fact he admitted it online.
User avatar

Terlingueno
Member
Posts in topic: 1
Posts: 108
Joined: Tue Jun 08, 2010 2:21 pm
Location: Greater Terlingua Metropolitan Area

Re: My first CHL-related incident with HPD

#14

Post by Terlingueno »

I am surprised you weren't cited for brandishing
User avatar

rmr1923
Senior Member
Posts in topic: 5
Posts: 410
Joined: Mon Jan 10, 2011 1:09 pm
Location: Katy, TX

Re: My first CHL-related incident with HPD

#15

Post by rmr1923 »

Rebel wrote:
Beiruty wrote:Note, the report would says he said, she said, no harm, no witnesses ....
Well except for the fact he admitted it online.
i was thinking the same thing
Locked

Return to “General Texas CHL Discussion”