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-   -   Brandishing a Pistol: Assault? Illegal or Legal? (http://www.firearmstalk.com/forums/f97/brandishing-pistol-assault-illegal-legal-22895/)

Angrypoonani 02-01-2010 08:37 PM

Brandishing a Pistol: Assault? Illegal or Legal?
 
I was wondering what the laws were Texas surrounding this issue.

My brother was driving the other day and the he was in had to merge into the adjacent lane. Some car tried to speed up and cut him off so he couldn't get over, however there was no other option besides being run off the road! He gave them the finger as they passed by and they (two black females in a silver lexus) sped off. They returned, this time on the passenger side, to harass him and give him the 'bird,' of course the eff-u was returned by my brother. They then sped off again. This time they returned on the drivers side and the passenger was holding a glock - not pointed at him but still brandishing a weapon in a threatening manner.

Is this illegal??
Now I don't know the whole story and I wasn't there but isn't that aggravated assault with a deadly weapon? The way the story was told, is this enough to (God forbid) shoot someone. I would have been scared sh*tless! I carry in my car under the seat because that's legal in Texas, but I don't know if I would have even thought about pullin my weapon. I don't want to have kill someone especially some girl that thinks shes hot stuff with a gun that thinks she can bully someone off the road. I mean my knee-jerk would be to BRAKE and move away from the threat but what if she had pulled up and started shooting, I mean WTF?

He got the license plate and the make of the car and details and stuff and filed a police report, but do the police actually even look into this stuff??

If there are any police on here please respond with what procedure you would take and how the police would handle a report like that.

willfully armed 02-01-2010 09:16 PM

of course it illegal.

But try to convince a jury that you were scared for your life when you shot into a moving vehicle, from your moving vehicle, thereby putting everyone on the road at risk.

To "defend" yourself in a situation where some jackoff tried to keep it real on the highway by displaying a pistol, would be flat out ignorant. Even for a Texan;)

you could easily apply brakes and change lanes to avoid confrontation, then a subsequent call to 911.


There are lots of "what-ifs" that could apply here.

alsaqr 02-02-2010 01:33 AM

It takes two drivers to play the silly road rage game. What is wrong with backing off, getting a license number and calling the cops?

Angrypoonani 02-02-2010 02:26 AM

We already went over the story... He did brake get the plate and call 911... But are the cops really going to do anything?

gorknoids 02-02-2010 03:05 AM

Quote:

Originally Posted by Angrypoonani (Post 223005)
We already went over the story... He did brake get the plate and call 911... But are the cops really going to do anything?

My son and his girfriend went through a similar situation a few years ago, but in VA. They reported it, and the woman was arrested and found guilty. Don't recall the punishment, though.

feedsasquatch 02-02-2010 04:06 AM

Quote:

Originally Posted by Angrypoonani (Post 223005)
We already went over the story... He did brake get the plate and call 911... But are the cops really going to do anything?

Someone almost ran my wife off the highway in San Antonio (hitting her car in the process) and kept on going afterwards. She got the plate numbers, we called the cops, and they got a nice visit...

Gojubrian 02-02-2010 07:12 AM

I would hope they would follow up on idiots road raging and brandishing ghey's.

Angrypoonani 02-02-2010 01:05 PM

Quote:

Originally Posted by Gojubrian (Post 223113)
I would hope they would follow up on idiots road raging and brandishing ghey's.

That's what I hope. I mean you cant just go around whipping your pistol out... that's ridiculous! I hope the police investigate because indiscretions like that shouldn't be glossed over and go without consequence.

Does anyone know what the offense would be categorized as? (e.g. aggravated assault or something)

robocop10mm 02-02-2010 03:04 PM

Unless the gun was pointed at you, it is doubtful a court would accept any sort of assault charge. Deadly Conduct would still require the gun be pointed in your direction. The most appropriate charge would be Disorderly Conduct #8 (display firearm in a manner calculated to alarm).
This is a Class B Misdemeanor. Will an agency actually investigate and pursue charges? It depends on the agency.

TXnorton 02-02-2010 04:46 PM

Thread killed by Robo, before 7PM.


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