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To: TheZMan

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;


9 posted on 08/31/2012 6:27:20 AM PDT by phalynx
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To: phalynx
Nope, not brandishing. It's not "in a manner calculated to alarm". It's in a manner calculated to stop the commission of a violent felony.

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.

12 posted on 08/31/2012 6:44:21 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGS Ladies' Auxiliary (recess appointment))
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To: phalynx

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.”


13 posted on 08/31/2012 6:46:29 AM PDT by VeniVidiVici (Congrats to Ted Kennedy! He's been sober for two years now!!)
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To: phalynx
displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Good grief!

He wasn't 'brandishing' to scare the public, he was preparing for the lawful use of a firearm.

17 posted on 08/31/2012 7:18:49 AM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: phalynx

“(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.


20 posted on 08/31/2012 7:37:21 AM PDT by CodeToad (Be Prepared...They Are.)
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To: phalynx

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.


42 posted on 08/31/2012 5:41:21 PM PDT by TheZMan (Obama is without a doubt the worst President ever elected to these United States)
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