CHLSteve wrote:In fact, I think Mr. El Gato said himself during our CHL class not to draw your gun until you were prepared to use it (and/or legally justified to use deadly force).
El Gato's class had a very good example of why displaying a weapon in this situation is not a good idea:
If you display a weapon, the other guy can call 911 and report that you threatened him. And he will be able to describe your weapon.
In the case of the man approaching the blocked-in car, if he has not said or done anything threatening, there's no justification for use of force or threat of force. He may be an ordinary bum or just someone who likes to talk.
In the case of a woman who is alone and a man approaching, she should be on the phone with 911 immediately. She should also give very emphatic directions like, "Go away. Leave me alone." It wouldn't hurt to have that recorded by 911.
As soon as he threatens the use of force to open the vehicle, Castle Doctrine comes into play.
Is there such a thing as brandishing in Texas?
No per se. In addition to the offenses that Boomerang mentioned, there is PC §42.01. DISORDERLY CONDUCT:
displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
- Jim