I had an uncomfortable situation last Saturday

[Smokey]

I think for specific justification for threatening deadly force, you would have to believe they were attempting to commit one of these

9.31 a.1. c
was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

Given your situation that sounds believable. There are some interesting threads on this forum dealing with exactly this topic, some of them several years old.

Better to be judged by 12 than burnt up into dust and poured into a little ceramic jar.

Glad you came out unscathed!

[dlh]

Rich, at the end of the day you are fine. If we good guys were on your jury we would send a note to the judge asking if the bailiff sends out for KFC before or after we find you not guilty. :)

[Richbirdhunter]

[Richbirdhunter]

I called [Pre-paid legal service] ( I'm a member) and I ran the scenario by them. I asked them what I could have done better and made their job easier. The attorney I talked with said I could have said, stop or I'll call the police then if they didn't disperse I could have escalated to the next level.
He also added that I should have called the police to give them a heads up.

Thank you everyone your input and help has made me better prepared.

Rich

[Abraham]

I don't believe the chance of 2 dirtbags, who may very well have a warrant out on them are likely to want any contact with the police.

I'm concerned that someone in the future will be hesitant to draw when they should because they fear the criminal/criminals may call the police.

If I'm in the kind of situation RBH was in, I'd probably draw, not just place my hand on my pistol...I'm not going to worry about the extreme unlikelihood of criminals calling the cops.

Could it happen?

In my opinion, that might happen if the folks you drew on are Mr. or Mrs. Law Abiding citizen, and you severely misjudged the situation, but not scumbags.

Nope!

[Mick22]

I attended U of H - Downtown and at least once a month, they would report a robbery or assault of a student near the campus. Most of the descriptions were that of a homeless person(s).

So, I wouldn't be surprised if their intent was to rob you.

[Richbirdhunter]

I attended U of H - Downtown and at least once a month, they would report a robbery or assault of a student near the campus. Most of the descriptions were that of a homeless person(s).

So, I wouldn't be surprised if their intent was to rob you.

I was fine telling the first guy no, it's the second guy that things went south.

[RoyGBiv]

Regardless of which parking place was occupied by the OP, he was approached by persons he believed to be a threat revealing the fact that he was,armed diffused a potentially dangerous situation. This is the very reason we,all obtained our LTC in the first place. No crime was committed, and people who may have seen an opportunity to victimize someone based on where they parked or the fact that that person was alone now will have to rethink their plan. I applaud the OP for using only the level of force necessary to extricate himself from a potentially dangerous situation.

+1 for calling to Po-Po though. Might save somebody else from getting robbed...

[Keith B]

Theoretically, if you didn't make any verbal threats and didn't remove the pistol from the holster, then you didn't threaten them. If your pistol was in a belt holster (regardless of IWB/OWB) then you didn't violate the rule against "intentionally revealing" your gun -- you just switched from concealed carry to open carry.

Many people forget about this little clause in Chapter 9 that allows what the OP did.

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For 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 he will use deadly force if necessary, does not constitute the use of deadly force.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

This is your out on pulling or displaying a firearm to stop a perceived threat when you are still at the level of use of force (not deadly force) to stop the threat.

[SewTexas]

the one time I was in a situation....similar...not as "immediately" threatening. I had a guy following me in a WM parking lot, I mean he was stalking me and getting closer, I'd change direction, he'd switch, it was scary. I didn't display my gun, but with my eyes on him I stopped, shifted all my bags to my left arm and put my right under my shirt to my waist, he turned and went away. I honestly could have been reaching for my cell phone, but he knew by the look in my eyes that wasn't what I was touching. ;)
I vowed that night to never buy more at night that I can comfortably carry in one hand.

[ScooterSissy]

How was the return trip? Did you report it to the police? Maybe the next guy parking there won't have to deal with the same two guys that way.

I told a couple of the dads what happened and they walked back to the truck with us. No sign of the guys.

I didn't call the police, I probably should have but what would have said? Two homeless guys scared me?

I believe I would have. I'm glad it didn't happen, but let's pretend events eventually unfolded another way.

You scared them off and went on to the restaurant. Then, 20 minutes later two policemen showed up asking to talk to you outside, as two men reported someone matching your description brandishing a firearm at them.

I'm a big believer that the first person to the police are have the most believed story, at least initially.

Yeah, I bet those two homeless guys just stopped and whipped out their iphones and called the cops.

I think you missed the point. It's not a matter of whether or not it was likely, it's a matter of the consequences if they do.

Obviously, you do as you see best, but if I have to show my gun at ANYONE as a matter of self-defense, I'm calling 911 as soon as I'm safely away. If for no other reason than to log the call FIRST on what happened.

I had an incident once (no gun involved) where I chased an ex-boyfriend of one of my daughters out of the yard. No threats, other than I'd call the police if he came back. Went back in the house to watch TV, and 20 minutes later there were two squad cars outside my house.

Yeah, I won the argument (eventually), and he even got a trespass warning, but had I called the police and told them first, I probably wouldn't have wasted that 2 hours of my life.

[RPBrown]

no.....
I get tired of able body folks parking grandma at the first HC spot and then running in themselves..
If she had to walk out to the car.....then I apologize.

My wife has a handicap placard. She has severe COPD. Some days are better than others. If I am dropping her off and will pick her up, I do not use the placard. However, if she wants to try and walk back, I will use it for the return trip. Not illegal but necessary.
What you drive does not matter. I have a friend that is also COPD and has handicap license plates on his motorcycle. Yes, he catches a lot of grief from time to time but is is not always a visible, physical ailment that is the issue.

[JALLEN]

It's not illegal to use a placard to park as long as the person the placard is assigned to is present and was transported in the vehicle.

It is illegal to use the placard of another to park if that person isn't along on the ride.
.....

That's not what the DMV (TX) told me. Yhe owner of the card must be utilizing the card......not just present.

Maybe, as Aunt Gracie sometimes said, "they misunderstood what you heard."

If you think about it, the person entitled to the placard is either driving or riding in the vehicle, "present" when it is used. Otherwise, it is a violation.

[oljames3]

I had hoped that this particular tempest would have blown over by now. Y'all can read the statute for yourselves.
http://www.statutes.legis.state.tx.us/D ... TN.681.htm

The point I want to raise is that judging the intent or condition of people only by what we can see is nearly pointless. I am a retired Army officer with 34 years under arms and a 70% disability rating from the VA. Details are for my wife, my doctor, and me alone.

If you observed me walking into HEB, you would see a gray-bearded man walking erectly without seeming difficulty and concealing my pistol before passing the 30.07 sign. If you carefully observed as I entered or exited my vehicle, you might notice the care with which I do so. This is the only concession I will make. As long as it is in me to do so, you will not see my disability. There will come a day in which I can no longer conceal my infirmity, but it is not this day.

I was not awarded the parking privilege. I bought it. The price I paid is beyond the comprehension of most civilians and I have neither the requirement nor the inclination to explain. Given the opportunity, I'd do it all over again.