Is the verbal communication of having a gun illegal?

[Carry4Life]

I'm new to both carrying and CHL, and will have my CHL within I hope a few days since the site says it is finished.

Does anyone know if it is illegal to tell someone who is threatening you that you have a gun?

People threaten other people with words all the time.

Even if you have a CHL, it didn't seem illegal to wear a T-Shirt saying that you are a CHL holder. What would be the difference in trying to de-escalate a situation without having to pull your sidearm and just telling them you have a gun?

It seemed only illegal to show the physical gun, either by "printing" or making it obviously visible.

Just because I SAY I have a gun, doesn't mean I do. Just because I may HAVE a gun, doesn't mean I HAVE to show it.

Thoughts? Legal issues?

[Teamless]

As you say you have your CHL, and if you truly were carrying a gun at that time, if you stated to someone, in an altercation, "I have a gun", to me that is the same as drawing the weapon.
In the eyes of the law, I don't know.

If you stated that you have a gun, to me you are saying that in order to intimidate the other party, or try to get the other party to back down.
If he/she had not gone to the point where it were legal to pull the weapon, its probably not legal to state you have one.

Stating that may also push the other party to go closer or get pushier, and try to get you to "prove it"
Then you have just raised the issue to the level to pull the gun, which is wrong.
Also, the element of surprise is a good thing. if you tell someone you do, you have just given away your edge, in case they press to the point where you need to defend yourself with your weapon. Now they would be expecting it.

[Carry4Life]

Good points. So in effect, stating "I have a gun" to try and de-escalate, actually escalates the situation further to a point where I actually become the illegal instigator of an altercation. Very informative. Thanks!

[WildBill]

IANAL, but this is what the law states.

PC §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.

I would also suggest that you read this thread:

viewtopic.php?t=1262&postdays=0&postord ... tt&start=0" onclick="window.open(this.href);return false;

[Waco Kid]

But keep in mind, the first one to dial 911 and report the situation wins though...

"He pulled a gun on me!"

versus

"I'm a CHL holder and I was forced to de-escalate a situation..."

[RPB]

Good points. So in effect, stating "I have a gun" to try and de-escalate, actually escalates the situation further to a point where I actually become the illegal instigator of an altercation. Very informative. Thanks!

Welcome to the forum Carry4Life.
You summarized that well.
I'd add

Also, the element of surprise is a good thing. if you tell someone you do, you have just given away your edge, i

If you ever played poker, you know you "don't show your hole card" or "don't show your hand" until it's time.
(I was told this by a guy I worked with who was a Viet Nam Vet, and we were in a store together when it was robbed by 2 guys)
Good thing to remember.
Of course I'd "LEAVE" if possible, the best way to win a fight, is not be there when it occurs.
If I couldn't leave, and there was no way of avoiding an attack ...
Probably about all I'd say is
STOP while holding up an empty non-gun hand to show the guy my palm (and it will be close to ready as a support hand for my gun hand)
and/or if needed
STOP or I'll shoot.

After that it's his decision what he sees. I gave him an "or" option.

Call 911 before anyone else does.

I don't have a CELL so I'd scream "Someone call 911, this guy attacking me made me shoot him, get an ambulance and police." Then, I have a witness on a recording, who called 911 reporting that someone attacked me, I had to shoot, and I had them call for an ambulance to help the guy and police.

I'll probably be too shook up to talk on the phone, having just wet my pants, which I'll point out to police when they arrive so they can note in their report that I was THAT scared for my life. (My voice doesn't sound that great on tape anyway, and I'd rather talk to a lawyer prior to making a statement the next day, instead of while adrenaline is flowing and no legal advice. I'm too shook up to make a statement right now, I need to go home and change pants, I was never so scared in my life.)


*****Of course I'd "LEAVE" if possible, the best way to win a fight, is not be there when it occurs.*****

[WildBill]

It may be legal, but IANAL. As others have stated, it probably is not the best tactical plan.

[LikesShinyThings]

IANAL, so the following is just one person's thoughts and opinions.

If you are trying to de-escalate, "I have a gun" doesn't strike me as in any way soothing the other person away from anger/agitation. It would strike me as "fightin' words" more than calming words - more as a threat (almost equivalent to actually drawing the gun) than a warning to go away. I am having trouble envisioning a scenario (granted, I sometimes have a limited imagination) where this would seem to be a viable course for the interaction in terms of de-escalating. If I feel threatened to the point where I am in fear of imminent bodily harm, I would think I would skip the words and go straight for the draw (those seconds could be critical to my ongoing well-being). If I'm not to that point of fear for life, I would think there would be much better ways to turn the interaction away from harm and to calm the other person's aggression.

Just my two cents.

[AJ80]

What if you communicate to someone your possession of a handgun when there is no altercation?
Like a conversation with a friend that turns to guns and then communicating that you are carrying one?

[RPB]

What if you communicate to someone your possession of a handgun when there is no altercation?
Like a conversation with a friend that turns to guns and then communicating that you are carrying one?

Maybe this (and ELB's post below it) will answer that? If this is what you are asking about.
viewtopic.php?f=94&t=42826&p=517134&hil ... ns#p517134" onclick="window.open(this.href);return false;

Note the wisdom


conversation with friend about guns
"I"m carrying one now" (not illegal)
"Really? no way" ...."What kind?" no kidding, "Can I see it?"
Intentional failure to conceal if you show him, even if it remains holstered and you just lift a shirt (Illegal)
Plus any upholstered gun is more danger, you really don't want to "take it out" and show him .... it's just creating unnecessary risks.

Then suppose some day you and friend are out and something occurs and your friend whispers too loudly "your name" or looks toward you and the bad guy sees him looking at where your gun bulge is ... or he says "Draw your gun" or ... yells "shoot him", .... and you left it home that day or.... timing wasn't just right and you are trying to DE-Escalate .... and your buddy just accidentally informed the world, including the bad guy, that you are armed, escalating the situation instead of allowing you to move to a position where no innocents are behind the bad guy so no over penetration occurs, or waiting for the "get on the floor" moment .... you were "outed" too early.. so now the bad guy on high alert points the gun at your head instead of waiving it around at "everyone" while you try to draw and your hand moves toward your waistline ... boom, because .... you were "outed" too early..
It's just not a smart thing to do, IMHO.

[Scott in Houston]

My wife didn't even know I carried for a full 14 months.
Don't tell ANYONE. No good comes out of that knowledge.

[RPB]

Just keep everything inside your pants concealed, it's illegal to show it, and not smart at all to go around telling people what's concealed in your pants. No one but you needs to know you have a gun, you'd just be creating unnecessary risks and potential problems for yourself, and potential "discomfort" for others.

[Ecrevisse]

If you want to de-escalate, say nothing and walk away.

[tacticool]

I said it before and I'll say it again.

I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.

[ex_dsmr]

Thoughts? Dont. Dont even go there. Ever.
Nothing good can possibly come of the situation and it will have the opposite effect.
All they have to say is that you flashed your gun at them. Afterall, its your word against his and he now knows your armed.
If there are witnesses on the side of your agressor fully expect them to lie through their teeth and you get stuffed into the cruiser.

Concealed means concealed. That means your gun isnt exposed by your cover garmet or by your mouth.

The ultimate de-escalation technique is to just back away from the situation. Even if that means swallowing your pride and even APPOLIGIZING to that party and unassing the situation. As a matter of fact, its far more your duty and in your best interest to be as non-confrontational and avoid bad situations as you possibly can. That iron on your hip should HUMBLE you, not inflate your ego.

Dont poke the bear, please.