TexasCHLforum.com

Yeah, I moved my daughter to Lubbock (Texas Tech) this week. (Her CHL is in the mail. Want to see what Lubbock's sex offenders' map looks like? Zoom in http://www.city-data.com/so/so-Lubbock-Texas.html" onclick="window.open(this.href);return false;)...anyway, I had to fill the Uhaul with gas and was trying to keep watch but I also had to watch the fuel gauge as to not overfill the tank. This guy came charging up from behind the truck and invaded my personal space wanting to shake my hand with his left (he wasn't alone. There others with him in a pickup nearby). He came on so fast I was little startled by it. I put my hand up to let him know I wasn't shaking his and told him I wasn't giving him any money. He had a kind of purse that reminded me of a bulldog-type holster, same size and shape but with a strap....If was enough to put a "?" in my mind as to whether he was carrying....too.

I sure wish my daughter (and son when he gets his CHL) could carry on campus while at Tech

Yeah, today I would warn not to come closer once he headed my way. At that time I didn't have any way to back up a warning. I didn't want to give them a reason to engage a conversation. I just wanted them to leave me alone and go away. I've done the test myself in the self defense classes, a person can close a 21 foot distance before you can draw a gun. You can increase your chances by dodging but you have to fit.

Lucky wrote:Is a holstered handgun considered displayed or do you have to put hands on it to count as use of force? Does it matter if the person wearing the holster is a bank guard at the bank or a landowner on their property?

The way I read it, you can be in your yard on main street openly carrying. But if you step of the curb onto public property it's a Class A and you lose your CHL

CJD wrote:

Dave2 wrote::
The general guideline that I personally use is if it's not legal to shoot them, it's not legal to show them.

That is the case legally, but once 299 goes into effect we have a little more leeway. Not sure if you knew that already. So it seems he's asking his scenario under the rule of the new law, once in effect.

Hi everyone

Yeah, CJD, that's exactly what I'm asking. How would 299 affect my intentionally displaying a holstered gun.

The airport encounter was a factual situation that happened to me years ago. I was about 22 years old at the time. In my 30s I got heavily into close quarter combat training that involved the use of a knife in self defense. My CQC instructor (his background is in Arnis...and a retired police officer) used my scenario as a teaching aide to for when you'd use a concealed grip hiding the blade behind the forearm. At that time (pre 9/11) I could've had a knife on me in Love Field's terminal and had the blade hidden just in case this guy had made any aggressive move at me. At his closes I could have taken one step forward and touched him while his backup(s) stood there about 25 feet away.

Without a doubt I knew that I was being sized up as a mugging target. Given this situation, today, I would want to have a firearm but not have to use it. Hence, 299, simply displaying the fact that I had a holstered pistol in an effort to defuse their sizing me up as a target. Without using a "show of force" I want them to have yet another reason to say, "I don't think he's worth it."

It's situation like mine is why I'm in favor of open carry, as legal protection. My reasoning isn't to be able to walk around with an exposed gun like Oklahomans can (I'd rather not having anyone know I'm carrying) but to give me the judgment to display the holstered gun without the Class A legal recourse if I had reasonable belief my life was endanger.

Like I told my state rep, it would be nice if he could get a change in the law so that the charge for deliberately exposing a holstered gun is dropped from a Class A to a Class C. I told him, "Yeah, I'll take the risk of getting Class C and paying the fine if I thought I was justified for my intentional displaying a holstered pistol as an effort to defuse my becoming another mugging statistic."

Hi, I'm new to the forum

Been researching to wrap my head around some the changes.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally [fails to conceal the handgun] displays the
handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9.

I like scenarios so here's mine. First a factual encounter: Years ago (pre 911 and pre CHL) I went to Love Field to pick up a friend. At that time Love was known for muggings. There were only two flights (in or out) left that evening. My friend was suppose to come in at 9:00pm but ended up arrive on the last flight of the evening at 10:30pm. Consequently, because I was in the terminal before 9:00 I ended up standing around in a vacant terminal. I was the only person to be seen for the next 1 1\2 hours. Boring but condition Green. Then two guys and a gal dressed in cotton track warmups (it was winter) came walking down the hall. Condition Yellow. They stopped about 25 feet away and were obviously checking me out. Condition Orange. One of the guys walked in a half circle to within <9 feet of me - hot Orange - then walked back to the other two and I overheard him say, "I don't think he's worth it." They then left and went back down the hall.

At that time was heavy into weightlifting/bodybuilding so I was in good shape and bigger than these two. Plus, I had left my billfold in the truck. If this guy had made a move I was ready to hit him.
From a legal POV what did these three do that was unlawful? I would think nothing. They went right up to the legal "line in the sand" but didn't cross it.

Change the scenario: Let's say I'm in a similar situation (these days it could be the baggage claim area) but now I'm carrying. In my mind I want to defuse the situation before it gets too "hot". In this wide open terminal he had no need to come that close to me and invade my space. (Today, I could get hit with pepper spray before I have the time to react defensively.)

Question: Suppose I were to intentionally display a holstered firearm as threat of force to these three when they had stopped 25 feet away. Would I be committing a crime? My goal would be to defuse what I believed/perceived to be a threat before it ever got to a condition Red.