You need to review the two Penal Code provisions below.alvins wrote:technically what happened you can be arrested for it. you cannot just pull your gun out to scare someone.that "brandishing" can get you put in jail. And their is no such thing as brandishing; its called aggravated assault which is a felony.
Chas.
Tex. Penal Code §9.04 wrote: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.
Tex. Penal Code §9.32(b) wrote:(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
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- (1) knew or had reason to believe that the person against whom the deadly force was used:
- (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; . .