Guy brandished handgun to wife.

[magillapd]

Get good description of person, vehicle, etc...call the police. After police are called and report filed,maybe provide the apt. complex the report number so they are aware of their resident's actions?

[alvins]

yup no such thing as brandishing in texas. there is a thing called aggrivated assult = felony.

ive never heard a cop who didnt think he wasnt a civilian; millitary or not.

[Mel]

How is "brandishing" different from "intentional failure to conceal"?

[Heartland Patriot]

How is "brandishing" different from "intentional failure to conceal"?

I am SO glad you asked..."brandish" is defined (in a dictionary) as 1: to shake or wave (as a weapon) menacingly or 2: to exhibit in an ostentatious or aggressive manner. In practice, some states that have this word in their penal codes (or whatever they call it) use the term in a VERY broad manner so that someone getting even a glimpse of a weapon, even if it was momentary and not on purpose, can say that the weapon was "brandished"...and the LEOs can arrest for this, and a DA can prosecute for this...there doesn't have to be INTENT. The fine Texas penal code clearly states the word INTENTIONAL in that phrase. It puts the burden of proof out there for those that wish to prosecute for it. Now, I'm not saying that someone CAN'T get arrested for this ("can't beat the ride") but (and this took some work on the part of Mr. Cotton and others here at TCHLF to convince me and they did), you just don't hear a lot about folks getting prosecuted for "intentional failure to conceal". Like I said, I really don't like the word "brandish" or derivatives thereof when discussing whether someone saw a weapon or not...they are imprecise and overly broad, and will only lead to trouble for US, the generally law-abiding CHLers. We have code that much more clearly states what is a crime, and it makes it that much harder to make something that ISN'T stated in penal code "stick", or so it would seem to me. Because I am CERTAIN that there are elements in this state that would DEARLY LOVE to prosecute CHLers as often as possible to prove a point. Once again, my hat is off to ALL the folks who helped get our laws to where they are now, and hopefully to an even better place in the future, a little bit at a time (like the parking lot law!).

Remember, though, this is all layman speculation and interpretation...IANAL, IANALEO, and I did NOT stay in a Holiday Inn last night. If those more knowledgeable wish to correct any inaccuracy that I may have stated or provide me with some education, please feel free, I am always willing to learn.

[jdlott74]

About thirty years ago I had a guy do that to me in a club parking lot in Dallas. He had obviously been drinking and I was a lot more spry then so he ended up eating parking lot with his gun in my posession. My date called the cops, turns out the guy was a cop but the sergeant apologized and they took the guy away. I wonder...

Probably one of those DA Dallas cops that we've heard on the news about. There are some good cops in Dallas, don't get me wrong, but those bad cops give the good cops a bad name. That is one one why my husband will not even THINK about trying to apply with them when he gets TCELOSE.

[jdlott74]

About thirty years ago I had a guy do that to me in a club parking lot in Dallas. He had obviously been drinking and I was a lot more spry then so he ended up eating parking lot with his gun in my posession. My date called the cops, turns out the guy was a cop but the sergeant apologized and they took the guy away. I wonder...

Quite a story. It's not everyday that you can say you disarmed a cop. I wonder if he ever believed it when he was told the next day that a civilian disarmed him (assuming he had to be in a state where he wouldn't remember his actions, but then again, he might have just been that stupid sans alcohol).

He was drunk (I mean really drunk) and I wasn't. I was more reflex than thought then and well, I think I was as surprised as he was.

I suspect that if you act like that even drunk, you're not that bright sober. As Bill Cosby said, it intensifies the personality. To the OP, did I miss whether cops were called? It just reminded me of this guy 30 years ago.

With him being drunk he KNOWS know to be carrying in the first place. He's a cop for goodness sake. Cops are held to a higher standard than normal citizens....Hope he got reemed by the Sgt.

[n5wd]

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.

[n5wd]

How is "brandishing" different from "intentional failure to conceal"?

When you don't have a concealed carry license?

[Ameer]

That's an amazing first post but strange he hasn't come back to see the answers.