Austin Man arrested for...

[speedsix]

...Brandishing a firearm...according to Fox on their home page under his picture today...but they got it right in the story...

http://www.myfoxaustin.com/" onclick="window.open(this.href);return false;

http://www.myfoxaustin.com/dpp/news/Man ... z1jBrVDdpB" onclick="window.open(this.href);return false;

[fishman]

I sure hope he wasn't a CHL. At least he's off the streets.

[speedsix]

...he probably made it home after bonding out while the officers were still writing their reports...

[Keith B]

And he WAS arrested FOR brandishing a weapon. They CHARGED him with Assault with a Deadly Weapon, which is the statute he violated by brandishing.

[longhorn86]

I sure hope he wasn't a CHL. At least he's off the streets.

The report read that he had the gun in a holster concealed under his shirt, I would think there is a fairly good possibility that he has CHL. Criminals usually don't wear a holster...

[speedsix]

...show me a statute that uses the term brandishing, please... I've been looking for that ghost for a long time...the statute that he violated was aggravated assault...one of the components is exhibiting or using a weapon...I don't even see ADW...the statute says aggravated assault...'splain, please...
http://law.onecle.com/texas/penal/22.02.00.html" onclick="window.open(this.href);return false;


...arrests are made according to the Penal Code...not the dictionary...I hate the way they use "brandishing" instead of calling it what it is...

[WildBill]

...show me a statute that uses the term brandishing, please... I've been looking for that ghost for a long time...

... here is "a" statute

2006 Code of Virginia § 18.2-282 - Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance;
A. It shall be unlawful for any person to point, hold or brandish any firearmor any air or gas operated weapon or any object similar in appearance

It's not a Texas statute, but it is "a" statute. I don't get too upset about it. It's kind of like when McGarrett says "Book 'em Danno, Murder One."

[speedsix]

...yeah, it's about as critical as when someone who's handled guns most of their life and the crows all holler when he says clip instead of magazine...

..."brandishing" DOES sound more appropriate in old Virginia...they're a lot more elegant than us Texas folks...

[Heartland Patriot]

So, the guy in question approached the individuals as if he wanted to "help them"? Help them with WHAT? Why do I get the feeling that perhaps there is more to this story than the oh-so-wonderful, dedicated, and completely without bias, media is telling us?

[WildBill]

And he WAS arrested FOR brandishing a weapon. They CHARGED him with Assault with a Deadly Weapon, which is the statute he violated by brandishing.

Well said KeithB. But I should expect that from a man as old as you.

[Fangs]

Well, we can always hope that it was just some nut who strapped on an OWB holster that came with his gun, like the XDs used to come with along with spare magazines.

[speedsix]

And he WAS arrested FOR brandishing a weapon. They CHARGED him with Assault with a Deadly Weapon, which is the statute he violated by brandishing.

Well said KeithB. But I should expect that from a man as old as you.

...yer just eggin' him on, WildBill...even by his own definition(and two other dictionaries I checked) the guy didn't brandish his gun...he pointed it right at them...no wavin', flourishin', or none of that such...he did just what the code says (maybe KeithB's from Virginia)...he exhibited it and used it...but neither in showing it while holstered...nor pointing it right at them...did he "brandish" it...

[mojo84]

I bet it would be in the article if he had a CHL. They wouldn't pass up that opportunity to try and tarnish CHL holders.

[Heartland Patriot]

I bet it would be in the article if he had a CHL. They wouldn't pass up that opportunity to try and tarnish CHL holders.

That seems about right. Maybe they didn't know, but you think that would be one of the first things they'd try to find out. I bet they get a "Winter Holiday" bonus for that one.

[Jumping Frog]

I'll be willing to bet that this may be one of those cases where the person who calls 911 first gets to be the victim. Who knows what those guys were really doing at the rest stop. . .

If the MWAG was smart, perhaps he is proving himself better than Ron White by both having the right to remain silent and the ability to remain silent.

It will be interesting to see where this goes . . .