Search found 3 matches

by n5wd
Thu Dec 01, 2011 3:43 pm
Forum: General Texas CHL Discussion
Topic: Guy brandished handgun to wife.
Replies: 38
Views: 4763

Re: Guy brandished handgun to wife.

Mel wrote:How is "brandishing" different from "intentional failure to conceal"?
When you don't have a concealed carry license?
by n5wd
Thu Dec 01, 2011 3:41 pm
Forum: General Texas CHL Discussion
Topic: Guy brandished handgun to wife.
Replies: 38
Views: 4763

Re: Guy brandished handgun to wife.

Heartland Patriot wrote:
n5wd wrote:
Heartland Patriot wrote:There is no such thing as "brandishing" in Texas law.
No, but there is something called "Terroristic Threat".
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation or use of a building; room; place of assembly; place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place; or
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.
(b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor. An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor. An offense under Subdivision (4) of Subsection (a) is a felony of the third degree.
Looks like that one about covers it.
Fine, no problem...I just HATE the word "brandishing" because it seems that a lot of other states that DO have that word in their penal code use it overbroadly as a catchall term (against generally law-abiding firearms owners). I like our laws just fine, thank you to those who did the heavy lifting of getting them on the books. Those other states can keep the word "brandishing"...I don't want anyone getting any funny ideas that the word means something here in the Great State of Texas. Besides, disorderly conduct, communicating a terroristic threat, and unlawful carry seem like a much more solid thing to bust this guy with if they do catch him.
True. But, Disorderly Conduct is normally a Class C misdemeanor, and Terrorist Threat starts as a B and can wind up as an A, or a 3rd degree felony, so it's got a bit more weight behind it. But, I get what you mean about "brandishing" and agree.
by n5wd
Tue Nov 29, 2011 9:24 pm
Forum: General Texas CHL Discussion
Topic: Guy brandished handgun to wife.
Replies: 38
Views: 4763

Re: Guy brandished handgun to wife.

Heartland Patriot wrote:There is no such thing as "brandishing" in Texas law.
No, but there is something called "Terroristic Threat".
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation or use of a building; room; place of assembly; place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place; or
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.
(b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor. An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor. An offense under Subdivision (4) of Subsection (a) is a felony of the third degree.
Looks like that one about covers it.

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