License Revocation / Eligibility for Renewal

[PAR]

Thanks to everyone for the feedback. This was a life changing experience for me. The lesser part being the actual confrontation, the more significant and painfull part being the legal process.

This event occurred in Montgomery County and the arresting department was the Constables Office. I've had mixed reaction from people regarding the event. Most people I know feel my actions were justified and reasonable but some feel that I had no place pursuing and detaining the individuals. On my own behalf, I have always considered concealed carry as a great responsibility, and to that end attempted to be very well versed in the appropriate use of force and deadly force. In this particular scenario, I relied on my understanding of PC 9.51(b) which states "...A person other than a peace officer is justified in the use of force against another when and to the degree the actor deems is reasonably necessary to make or assist in making a lawfull arrest..." I am not one to run around playing police officer, but I believed that a crime had occurred against me and that had I not pursued the individuals as the fled that there would be no chance of police catching them.

I do feel that I got a raw deal, but that's just the way things go sometimes. I had other options available to me. I made my decisions in the heat of the moment, in good faith with the intention of being a good citizen. My experience only reinforces the extraordinary responsibility that comes with a CHL and the realization that such responsibility comes with equally extraordinary consequences.

Thanks again for the feedback.

I remember this case from your days on SilencerTalk.com back when it happened and often wondered what option you ended up taking from the DA. Although you got a raw deal, I'm glad to hear you're still walking around a free man.

[BLouie]

Actually, a person can be charged with Aggravated Assault with a Deadly Weapon for pointing a BB gun / air gun at someone. Texas appelate courts have upheld that a "weapon" is anything capable or used in a manner such that another person believes may be capable of causing serious bodily injury. It doesn't have to be functional for the charge to stick (in one case a Texas appeals court affirmed an AA w/ DW charge against a person who robbed a convenient store with an unloaded BB gun). Since airsoft guns fire a projectile capable of causing blindness, they meet the standard of being capable of serious bodily injury. It would be a rare instance where such a charge would be warranted, but in todays legal system, prosecutors often overcharge someone to create an incentive for plea bargaining rather than going to court.

[DoubleJ]

Actually, a person can be charged with Aggravated Assault with a Deadly Weapon for pointing a BB gun / air gun at someone.

if they pointed and aimed at someone with an airsoft gun, as in a manner to make someone think that it was indeed a real gun, could they be charged with deadly conduct? or something of that nature?
I mean, if you rob someone with an airsoft gun, well, it's still bad news because of the "threat" of deadly force, right?

see? I thought I'd heard that somewhere!