Another CHL etiquette question from the newbie

[Fisherman777]

Good thread I feel informified

Informified! I like that. Gotta use that in an article some time.

 

[Randman]

I brandish my gun every opportunity I get, while in the bedroom...LMAO!! (LoveGun that is) oh, now, was that really necessary? Apparently....

My weapon on the other hand, stays concealed at all times..so far...I certainly hope to keep it that way...

 

[codeman]

Post Deleted

 

[txinvestigator]

Can someone show me the "brandishing" law here in Texas? I don't mean disorderly conduct.

 

[Texan2]

I’ve heard of some people who were approached by an officer and were asked if they had a CHL or were with Law Enforcement and after checking credentials, let them know what happened and maybe ask them to be more careful. I’ve never heard of a CHL holder being arrested for a quick, accidental display of a firearm that was completely nonthreatening.

That is because no law was broken.

 

[codeman]

Can someone show me the "brandishing" law here in Texas? I don't mean disorderly conduct.

Technically Texas doesn’t have a “Brandishing” Law per say. When most people refer to Brandishing, like me, they are referring to Texas PC 42.01, (10). We actually are refering to Disorderly Conduct.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Brandishing is defined as: To wave or flourish (a weapon, for example) menacingly. See: brandish - definition of brandish by the Free Online Dictionary, Thesaurus and Encyclopedia.

 

[codeman]

That is because no law was broken.

I concur

 

[txinvestigator]

Technically Texas doesn’t have a “Brandishing” Law per say. When most people refer to Brandishing, like me, they are referring to Texas PC 42.01, (10). We actually are refering to Disorderly Conduct.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Brandishing is defined as: To wave or flourish (a weapon, for example) menacingly. See: brandish - definition of brandish by the Free Online Dictionary, Thesaurus and Encyclopedia.

Right, Texas has no Brandishing law, period. No per se.

 

[codeman]

Right, Texas has no Brandishing law, period. No per se.

Virginia Code § 18.2-282. A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.


Texas Code § 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Your right txinvestigator, these are completely different. Thank you for pointing this out.

 

[txinvestigator]

What does Virginia have to do with anything?

The simple fact is Texas does not have a brandishing law. We have a couple of laws; Deadly Conduct and Disorderly Conduct, that may be similar to the laws of other states, but that does not mean we have a brandishing law.

It is similar to states that have a "battery" law or breaking and entering law. We have similar laws, but that does not mean we have "battery" in Texas. You would call it Assault or Burglary, why on earth would call this "Brandishing"?

 

[matefrio]

What does Virginia have to do with anything?

I think codeman was showing the difference between TX law and a state code that actually has "brandishing" in their laws. codeman then thanks you for pointing out the difference.

 

[codeman]

Again, your right txinvestigator, Texas does not have a Brandishing law. We don’t need one. Penal code 42.01 has it covered.
I was just agreeing with you.

:-)

 

[RiverCity.45]

I’ve never heard of a CHL holder being arrested for a quick, accidental display of a firearm that was completely nonthreatening.

Here's a true story about a Texan who was arrested for failure to conceal when an officer saw this CHL holder "printing." Just because the statute says it's not a problem, that doesn't mean you can't be arrested by misinformed LEOs. This guy went through hell. Happened in Round Rock.
TexasCHLforum.com • View topic - Cuffed and Stuffed

 

[Texan2]

Sorry, a one sided account of what happened carries little weight.

 

[Dawico]

It is not illegal unless there is a 30.06 sign posted, which I can't say I've ever seen at a gun store/show!

I believe I have seen the 30.06 posted at every gun show I have been to, right there when you enter as it should be. I am not saying all gun shows, don't get me wrong, but I have seen it every time.

 

[nalioth]

Here's a true story about a Texan who was arrested for failure to conceal when an officer saw this CHL holder "printing." Just because the statute says it's not a problem, that doesn't mean you can't be arrested by misinformed LEOs. This guy went through hell. Happened in Round Rock.
TexasCHLforum.com • View topic - Cuffed and Stuffed

People are arrested for made-up stuff every day of the week. It's not a phenomenon targeting CHL holders.

 

[RiverCity.45]

People are arrested for made-up stuff every day of the week. It's not a phenomenon targeting CHL holders.

I have no doubt about that. I never stated that it was some sort of conspiracy against CHL holders. I only brought it up for informational purposes.

 

[txinvestigator]

People are arrested for made-up stuff every day of the week. It's not a phenomenon targeting CHL holders.

And a giant rabbit delivers eggs to kids every Easter.

Good Grief people. That "story" is interesting, but there is ZERO proof it is true.

 

[TexasRedneck]

People are arrested for made-up stuff every day of the week. It's not a phenomenon targeting CHL holders.

Really? Interesting....could you please cite a recent, local example?

 

[bikerbill]

The gun store I frequent has a sign inside saying something to the effect of "please keep your hands out of your pockets," but I carry there all the time, they are not posted and have even asked to see what I'm carrying ... the range I use asks that all firearms be unloaded inside the range shack, which I take to mean they don't want me carrying, and I comply because I like them and it's their property ... seems bizarre at a firing range, but what the heck ...