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;
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.”
Good grief!
He wasn't 'brandishing' to scare the public, he was preparing for the lawful use of a firearm.
“(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.
A CHL is not “displaying a firearm in a public place in a manner calculated to alarm”.
Are you a carrier? Because you’re sounding a lot like you’re not.