Brandishing a firearm.. on an unarmed man?

[03Lightningrocks]

On a second comment I saw posted here concerning road rage. Again, you better think real darned hard before you wave your handgun at someone you PERCEIVE as road raging on you. The first thing likely to happen is the other person is going to call a cop and you are going to jail! Good luck proving you were in danger. Even if you call in first... LOL. here is what it will sound like... Hello? Police? Yeah... Some guy just scared me and I pulled my gun on him! Police: wow... What did he do? You: well he was riding really close to my bumper and honking at me. He even waved his fist at me and flipped me off. police: where are you located presently? I will let you folks figure out how the rest of it will go.

[carlson1]

I hate to hear about that incident JP171. I want to think that is an unusual contact with LEO's. I would rather be the first to talk to the Police. It has always been my opinion and my experience that the Police like us to be honest and up front. I know the thing about "don't talk to the Police" and some of that is true, but on a whole when you are in the right the Police will give their all to help you out. I hope again that your experience is just rare.

[TexasGal]

You do have the situation of disparity of force if your potential attacker is larger and more able bodied than you are, but don't let fear make you pull your gun in a situation where there is no actual danger "yet". For instance, a guy across the street says he is going to come over there and attack you, but has made no move to do so, his hands are empty, and he is clearly too far away to reach you before you could draw.
I like this website's explanation of Ability, Opportunity, Jeopardy, and Preclusion. If those concepts are not clear in your mind, the discussion can help you decide when is a good time to reveal your gun (in case you have to use it) and when it's best to choose another option if you have one. It discusses preclusion and stand your ground laws. Texas does have a law that allows you no duty to retreat in your home, place of business, and your car. And, "No", I'm not a lawyer so it's worth what you paid: Hopefully Charles will chime in.

http://www.activeresponsetraining.net/p ... understand

[Moby]

In any situation where a gun is drawn, you ALWAYS want to be the first one to call the police, because the first one to call is generally considered to be the victim.

This Right Here!

Do not ever think, "well that worked we can leave now."

I absolutely would be on the phone immediately.
This of course is a hypothetical situation. I'm fairly good at keeping myself out of areas or situations where something like this could happen. Sometimes my daughters basketball games take us into places in Ft Worth I'd rather not be. My situational awareness goes way up. Often we're at a high school where I can't carry anyway. I hate that. But...I abide by that law.

I sure appreciate everyone's input on this topic. After reading all the posts it of course comes down to circumstances and which cop shows up I guess.

[JP171]

You do have the situation of disparity of force if your potential attacker is larger and more able bodied than you are, but don't let fear make you pull your gun in a situation where there is no actual danger "yet". For instance, a guy across the street says he is going to come over there and attack you, but has made no move to do so, his hands are empty, and he is clearly too far away to reach you before you could draw.
I like this website's explanation of Ability, Opportunity, Jeopardy, and Preclusion. If those concepts are not clear in your mind, the discussion can help you decide when is a good time to reveal your gun (in case you have to use it) and when it's best to choose another option if you have one. It discusses preclusion and stand your ground laws. Texas does have a law that allows you no duty to retreat in your home, place of business, and your car. And, "No", I'm not a lawyer so it's worth what you paid: Hopefully Charles will chime in.

http://www.activeresponsetraining.net/p ... understand

actually Texas says you do not have to retreat from anyplace you have the right to be, even if its not your home property or car, it could be at the local valero store, the way the law says it is, the LEO, judge DA or Jury(not spelled out like this) may NOT consider if you did or did not retreat, it says no where in the law that it MUST be at your home property or vehicle

[Skiprr]

I have to disagree with this, sorry Carl. I recently had a problem where my neighbor came running to my house after her MIL showed up, we immedialy called the Galveston Sheriffs dept got a deputy on the way, my BIL and myself carry at home as well as anywhere we aren't prohibited. the LEO's talked to her first and she told them we had weapons and she was afraid, both weapons were in holster and were in plain view, one of the deputies that showed told us that we had committed deadly conduct just by having the holstered weapon on us, she got a free pass to trespass and again harass our neighbor. the officer didn't arrest anyone due to the 3 of us having almost identical statements, but they took her as the victim and us as the aggressors up until the 3 of us had made the nearly identical statements after almost an hour of saying the same thing he finally relented but refused to arrest her for criminal trespass after she stole several things out of my neighbors yard. so its not always who calls first it is infact many times who gets to the LEO first and tells is story first

Seriously?

[JP171]

yes seriously happened that way, and I live on a private road to boot

[C-dub]

I think the very first defensive shooting by a CHL in Texas was on an unarmed attacker. A great big guy started beating on a small guy in his car and the little guy shot the big guy. I think he was no billed. I can't find any references to this.

[03Lightningrocks]

I think the very first defensive shooting by a CHL in Texas was on an unarmed attacker. A great big guy started beating on a small guy in his car and the little guy shot the big guy. I think he was no billed. I can't find any references to this.

I remember that!! It was just after they first issued CHL's. I was thinking it happened in Dallas. The little guy did walk.... After some considerable legal expenses.

One may very well beat the rap... But beating the ride is a much harder thing to do. The situation can be real obvious and you will still risk some seriously high legal fees. My bill for self defense was 17,500.00 ...

[Ericstac]

Many deaths have occurred by the hand. And weight/size has little to do with it. Little guys take out big guys, it happens. I have weak points and 6' 230lbs of lean mass I could easily be taken out if hit right by a 90lb kid.

If you are in fear for your life pull the gun.

[Z0Tex]

I think the very first defensive shooting by a CHL in Texas was on an unarmed attacker. A great big guy started beating on a small guy in his car and the little guy shot the big guy. I think he was no billed. I can't find any references to this.

I remember that!! It was just after they first issued CHL's. I was thinking it happened in Dallas. The little guy did walk.... After some considerable legal expenses.

One may very well beat the rap... But beating the ride is a much harder thing to do. The situation can be real obvious and you will still risk some seriously high legal fees. My bill for self defense was 17,500.00 ...

[Abraham]

A few years back, a friend told me of the time he was at a local watering hole in Clear Lake.

A small man weighing in around 135/140 lbs invited out a man roughly 6'4" and at least 250 lbs.

My friend was stunned by the audacity of the small, very confident man.

The big man was eager to pound the little man into a pulp.

Outside they went with my friend witnessing the fight.

The little guy pounded the big guy into a bleeding wreck - the little guy was never hit and not from lack of trying.

It happens...

They had to call an ambulance for the big guy.

[K.Mooneyham]

A few years back, a friend told me of the time he was at a local watering hole in Clear Lake.

A small man weighing in around 135/140 lbs invited out a man roughly 6'4" and at least 250 lbs.

My friend was stunned by the audacity of the small, very confident man.

The big man was eager to pound the little man into a pulp.

Outside they went with my friend witnessing the fight.

The little guy pounded the big guy into a bleeding wreck - the little guy was never hit and not from lack of trying.

It happens...

They had to call an ambulance for the big guy.

Many years ago I knew a guy named Vinnie that had the strangest ability of getting people to pick fights with him without him saying a word to them. He was a little taller than me, but pretty skinny. And I won't say he didn't take a punch or two now and again, but he had a real knack for fighting...he put down quite a few guys much bigger than himself. Appearances can certainly be deceiving.

[03Lightningrocks]

I wish I had a dime for every "little guy beating up the big guy" story I have heard over the years. I would give five hundred bucks to actually witness one of these David and Goliath events, outside of a Chuck Norris movie.

I think the original question pf brandishing a firearm has officially been muddled... There really is a simple answer. You will know when you are being attacked. You are allowed to use your weapon to defend yourself. Showing it in the hope that you will scare off a possible attacker is a real bad idea. It is possible you may decide pulling the trigger isn't needed because the bad guy ran off. But I sure wouldn't count on it happening this way.

[FishInTx]

IMHO I'm not drawing unless I need to shoot. I'll try to reason, maybe say I have a gun right before I need to draw. Showing the weapon just opens up a lot of variables I'd rather not get into. I know, could be a big mistake on my part. I'll take the chance.