Scenario; What would you do?

[Popshot]

Especially in the case where you had a child in the car, act apologetic and drive away as soon as possible. In addition, I would make a call on the cell phone. The other person might simply be miffed, thinking I was a bubble head. On the other hand, he might be thinking I was calling his boss or the police. Also, I'd be watching the for the aggressive driver to appear behind me or at close by intersection and plan more avoidance.

[kw5kw]

By all means drive off, but especially with a child in the car we need to teach them the correct way to handle situations.

Cool head prevail, and deesclating the situation, as taught in class, is the proper move.

That almost same exact situation happened to me a couple of years back, and we did the same: i.e.: drove off, except that the perp got back in his car and followed us around the parking lot. Wife dialed 911 as I avoided him by backing up. At that time I did not have my weapon with me, nor did I have my dog... a big 70lb, black 1/2 lab, 1/2 Golden Retriever who is very protective of her owners, but is very loving if the person is non-threating.

Anyway, he saw us point to the cell phone and he retreated.

Russ

[txinvestigator]

I had already decided that if he followed, I was driving straight to the police station (less than a mile away) while dialing 911.

[nitrogen]

I had already decided that if he followed, I was driving straight to the police station (less than a mile away) while dialing 911.

Never underestimate the stupidity of people. Many years ago, an old ex-girlfriend had gotten into a road rage situation, and was being followed by someone. She drove to a local sheriff's station, and once in the parking lot, the guy GOT OUT OF THE CAR and started yelling at her and kicking and beating on her car, in full view of a handful of deputies.

[txinvestigator]

I had already decided that if he followed, I was driving straight to the police station (less than a mile away) while dialing 911.

Never underestimate the stupidity of people. Many years ago, an old ex-girlfriend had gotten into a road rage situation, and was being followed by someone. She drove to a local sheriff's station, and once in the parking lot, the guy GOT OUT OF THE CAR and started yelling at her and kicking and beating on her car, in full view of a handful of deputies.

Thats why I was heading there.

[Tote 9]

He said something about, "what do I wanna do about it?"

There it is, what do you do?

.

I'm not sure what I would do. It would depend much on his size and how serious he was. If I thought the situation was going to turn in to something I couldn't handle I might have said something like---"At the moment me and my 9mm just want to drive away peacefully". If that didn't work I don't know. I haven't been faced with that situation since
I''ve gotten my chl.

[nitrogen]

Could advertising the presence of a handgun in a situation like that constitute threat of deadly force?

I realise it's a stretch, but if the guy in the truck happened to be the Mayor, Governor, Sheriff, etc, could you end up in trouble?

[kauboy]

Could advertising the presence of a handgun in a situation like that constitute threat of deadly force?

Most definitely! What else could it mean?
But the legal implications are still unclear. We are discussing this in another thread, but opinions are still sorted. There apparently hasn't been a case that has dealt with this specifically, so nobody is really sure.

[nitrogen]

Could advertising the presence of a handgun in a situation like that constitute threat of deadly force?

Most definitely! What else could it mean?
But the legal implications are still unclear. We are discussing this in another thread, but opinions are still sorted. There apparently hasn't been a case that has dealt with this specifically, so nobody is really sure.

The reason I say that is, if someone walks up to your car and asks "WHAT ARE YOU GOING TO DO ABOUT IT" force is not an option, therefore, threat of deadly force isn't. If you just said that to the Sheriff, you could be screwed.

[kauboy]

The reason I say that is, if someone walks up to your car and asks "WHAT ARE YOU GOING TO DO ABOUT IT" force is not an option, therefore, threat of deadly force isn't. If you just said that to the Sheriff, you could be screwed.

Your right. Force is not an option... yet, therefore threat of any kind of force is not an option. So you shouldn't make any reference whatsoever about a gun... EVER! Unless force is warranted, no threat of any kind should be made.

[kauboy]

I cannot seem to find the PC that covers failure to conceal a handgun. Anybody know where it is? Even the "find" feature of adobe can't seem to locate it.

§ 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
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.

And its a Class A misdemeanor in most cases.

To clarify "concealed handgun" from the Government Code:
§ 411.171. DEFINITIONS. In this subchapter:
...
(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.

[kauboy]

Ah there we go. Thank you.

Yeah, I would think that saying "you and your 9mm.." would be considered intentional failure to conceal your handgun. It is no longer concealed if the person knows its there.

Although to play devil's advocate then that would mean theoretically you could never tell any of your family members of friends that you carry, because then they would know it is there as well, and that would be failure to conceal.

What a conundrum

Your welcome, and yes you are correct. Telling anybody that you have a gun while in public is probably illegal, regardless of friend, family,... or foe. However, if you are at your home, or the home or private business of others who allow it, I don't think the law would apply.

[nitrogen]

We've argued back and fourth that informing someone that you have a concealed handgun might not be intentional failure to conceal.

My point is, it could be interpreted as use of force. (to cause apprehension or fear of the use of deadly force)

Granted, it's a bit loose, but people have been charged and convicted for less.