Posted on 08/31/2012 5:59:31 AM PDT by marktwain
Nick posted a DGU story yesterday of a man who was stabbing his wife in the neck outside their child’s San Antonio elementary school when a Texas CHL holder pulled his gun and stopped the attack. The good samaritan has contacted TTAG and here’s his account of what happened:
I am the guy that pulled my KelTec P3AT on the guy yesterday morning. Just to clear up the confusion, I was walking down S. St. Mary’s street IN FRONT OF Bonham Academy. I first thought that the guy was beating someone, and I ran toward him ordering him to stop. He looked at me and ignored me . . .
When I saw the blood and the knife I was about 10 or 15 ft. away from him. I pulled my gun, aimed it at him, and yelled at him again. Again he looked at me and ignored me. When he began stabbing her again I yelled to him as loud as I could. He again turned and looked at me. I told him, “dude do you see what I have aimed at your head?” He immediately dropped the knife and asked me to call 911. All of this happened in the middle of S. St. Mary’s street, not in the school parking lot. I was not charged with anything.
If you look at the :51 point on the attached KSAT 12 video, that’s me in the Bass Pro Shops t-shirt, and my wife standing next to me. I’d like to remain as anonymous as possible for obvious reasons. I’ve told all of the news sources that I do not want to be interviewed, and I don’t want my name released.
My concern is that I want the public to see that an average guy with a CHL can stop a crime as it is being committed, and in this case, no shots were fired. I’m praying that I was able to stop this guy before he did irreparable damage to his ex-wife.
I will tell you that my name is Fred. I am 62 years old, and I’ve had my CHL for about 18 months. This was the first time that I have had to aim the gun at another human being. I was never sure if I could; I now know that I can. I offered last night via email to speak at a CHL class, (for free of course), but the instructor has not answered my email. When this guy goes to trial, my name will probably be public. After the incident I was taken to the SAPD Homicide Unit where I gave a sworn statement and made a positive identification of the suspect.
Even now, some people claim that if this may had a permit recognized by Texas, from another state, this would be illegal.
Outstanding!
Tha sad part is he can be charged with aggravated assault. You cannot pull your weapon as a method of stopping a crime. You are only allowed to pull it when you use it to stop the crime with its bullets. This is chl 101. Chls are not law enforcement. I hope that nothing comes of this man who did a great thing but I am afraid he will be taken to court multiple times.
“Even now, some people claim that if this may had a permit recognized by Texas, from another state, this would be illegal.”
There is no variance in the application of law, regardless of where your license was issued as long as the license is recognized by the State Of Texas and you can check that on the DPS website.
As long as a legal out of state carrier remembers that his own state laws have no validity in Texas and as long as they adhere to Texas law, they are subject to the same laws as a Texas CHL holder.
Mr Clemens,
“You cannot pull your weapon as a method of stopping a crime.”
You may legally use a gun to end the aggression, whether you fire it or not.
I don’t think you are from Texas.
Incorrect. If you are being approached and ask someone to stop, you may pull your weapon to reenforce the point of asking them to stop, and then proceed to fill them full of holes to make them stop.
I am from Texas and licensed. You may not brandish in the state of Texas.
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
As for the 'brandishing' bit, well, if you display your firearm with the obvious next intent of firing it if pressed, where is 'brandishing' superceded by 'legal use of lethal force to prevent bodily harm to oneself or another'?
In other words, is open display of a concealed weapon 'brandishing' until you pull the trigger? Are you expected to keep your sidearms in your pocket until you actually fire? I think not.
He would have been perfectly justified in blowing the guy away per Texas law.
CHL (((ping)))!
Not up on the details of TX law, but there's a common law (and in most states a statutory) "justification" rule - actions taken in self-defense or in defense of others constitute an exception to most crimes such as simple or aggravated assault, battery, and of course manslaughter/murder.
I would say that in Florida where the law says you can use your weapon to prevent bodily harm to yourself or another, this would not fall under “brandishing”.
If it would then if you did pull your gun and the bad guy dropped his knife you’d have to say, “Sorry dude. I pulled my gun on you but even though you dropped the knife I gotta cap you otherwise I’ll be charged with brandishing.”
Bad move Fred, if this is real information. You've just given enough information that someone's got you ID'd even as I type this.
That’s not brandishing. I’m also a CHL holder in Texas. You may most certainly show a weapon to back somebody off or stop a crime in progress.
LOL!
Good grief!
He wasn't 'brandishing' to scare the public, he was preparing for the lawful use of a firearm.
“You cannot pull your weapon as a method of stopping a crime. You are only allowed to pull it when you use it to stop the crime with its bullets. This is chl 101.”
Where did you get that nonsense? You can aim a weapon at someone anytime the need to shoot arises but in doing so the you not obligated to actually shoot, and you cannot shoot if the bad guy no longer is a threat.
“(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;”
Now post the law that says a person may use a weapon in defense of life of another person.
To try to claim aiming a weapon at someone trying to kill another person is “to alarm” is not understanding the law. Of course it gets the other person’s attention, that’s what guns do, but that law you posted is not about defense of life it is about menacing.
You are trying to claim a person MUST shoot if they draw a weapon or else face penalties under the law you posted, and no they do not.
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