Is implied use of force the same as brandishment of a firearm?

[vintage68]

I read today of a woman being robbed at one of my local gas stations about a quarter mile from my house (and I live in a good neighborhood). The thief showed her a firearm in his waistband, but never took it out. He then took the money from her purse and ran off without harming the woman.

My question is, as a CCW holder, if that happened to me would I be justified in defending myself with a firearm?

 

[GRIZ22]

Most states will charge a BG with armed robbery even if he says he has a weapon but doesn't. If he shows you a weapon it is armed robbery. It's armed robbery if it's a toy gun that can be mistaken for a real one (not if he flashes a Super Soaker).

Act according to use of force laws in the state you're in.

 

[Erik]

"My question is, as a CCW holder, if that happened to me would I be justified in defending myself with a firearm?"

Yes. But don't plan on the being able to justify it if you don't understand why you may do so.

 

[TexasRifleman]

It is in Texas. Not sure what state the OP is from but it's a pretty common definition.

Here it's "aggravated robbery".

Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:

(1) causes serious bodily injury to another;

(2) uses or exhibits a deadly weapon; or

(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:

(A) 65 years of age or older; or

(B) a disabled person.

(b) An offense under this section is a felony of the first degree.

 

[scottgun]

Think of what would happen if you didn't give him money. It's not a negotiation, he is threatening the use of deadly force. I think this, without any other mitigating factors, a text book example of a justified armed citizen response. Sure the gun could be a bluff, but it could also be real. Its not up to the citizen to take that chance.