TexasCHLforum.com

mikebass78 wrote:

Tracker wrote:

mikebass78 wrote:Hmmm..Pretty much sounds like brandishing and intimidating to me...

Might as well do the same thing to girl scouts in front of every kroger, target or wherever, they seem more pushy than a beggar...

But I will say that hand over open carried weapon, like Officers do, would be fine, they aren't threatening anyone,just protecting their firearm in a crowded QT

But a good question was, what happened if the guy didn't stop coming? Shoot first ask questions later?

I don't see the rational comparison using the girl scouts.

If he didn't stop coming? Depends. Does he appear physically fit or frail? And most important....can I see his hands and is he trying to conceal something in them. I want to be able to see his fingers; no possible concealed-knife grip.

WOW...the Girl Scout comment, was more of a pushy car salesman reference, and to show that beggars, girl scouts, the guys on bikes that come to my subdivision on bikes ( mormons I think )...can be dismissed with a Simple NO, or I can't help you...

NO need to draw UNLESS you feel threatened...Brandishing/Flashing isn't part of it

Like i said, I still think he would have got cited for brandishing, had an officer seen the incident or anyone else( citizen, store owner or anyone else) made a complaint.

The word "brandish" is NOT in the Texas Penal Code in regards to handguns. It is either "displayed in a manner calculated to alarm" or it is not. If you lived somewhere before that had that word in the law, that was there, this is here. And, FYI, Texas CHL/LTC holders have the lowest incidence of criminal activity of any group in the state, even (slightly) lower than law enforcement when those folks are taken as a whole. So whatever you may think about those that hold CHL/LTC in this state, it is not born out by the facts.

Ruark wrote:I've had many panhandlers take a step towards me after I shook my head "no." They were just giving it a 2nd try, not being threatening or aggressive. I could be legally over the top if, in that situation, I exposed my weapon and yelled at him to "STOP!!!" So you would have to be careful about exactly what was going on - his manner, his expression, what he was saying, etc.

Keep follow-up in mind as well. Suppose he hadn't stopped? Suppose he'd kept coming and said "hey, man, I'm really broke..."? Since you had yelled at him to stop and were clearly implying that you would shoot if he didn't, would you have drawn and blown his head off? Suppose he'd said "forget you, man, go ahead and shoot me!" What would you have done next?

"CHL holder kills unarmed homeless man asking for spare change." A prosecutor could have a field day with that, not to mention the Moms. Anyway, be careful out there. You came out of this one OK, but you were walking a very fine line.

So, at what point does the hair-splitting stop? When the "homeless guys" are within how many feet of you? Close enough to pull a knife and "bum rush" you? That discussion has been had a few times on this forum, and experienced individuals have various distances in mind. However, within the area of a few gas pumps would likely fit well within most of those distances. I, like many other people, sometimes contemplate what an over-zealous ADA will do if I am ever forced to use deadly force to defend myself or loved ones. However, if that is the overriding thought that runs through ones mind in a potential bad situation, then self-defense with a firearm is effectively rendered moot. For the record, I sincerely hope I am never, ever put into such a terrible situation, and I'd be just the happiest guy in the world to never be in said situation. I consider myself a polite guy when I am out among others, and do my best to not give offense to anyone. But I cannot guess the intentions of someone who keeps coming toward me after I have politely, if firmly, asked them to stop and leave me alone multiple times, nor can I guess if they are high on some likely illegal substance. The fault should lie with the one who is the aggressor.