Geronimo45
Member
Ridiculous. There is no justification in threatening to pull a gun for a silly rule. It's like the police firing on you for running a red light, or for not paying up your parking meter.
Maybe I've read too much Bill Jordan, but if I see a hand move to a gun butt in response to something I've said/done, I assume I'm a half second away from a gun fight.Putting your hand on your gun/sword isnt assault because it doesnt create an imminent apprehension in the mind of the person. (Tuberville v Savage)
Umm, exactly whose definition? It ain't brandishing under my state's laws.XavierBreath said:The Range Officer went to far when he unsnapped his holster, and placed his hand on his weapon. Doing so definitely held the implication that lethal force would be used if the shooter did not back down in a verbal confrontation. This is by definition brandishing.
No the RO wasn't the owner. I thought the holster thing was out of line too. Did the RO actually break any laws? He was openly carrying, and he didn't remove the pistol from the holster, so he didn't brandish it. I wondered about this also. I am debating about telling the management about the incident, but I'm not the party directly involved.
Well there is obviously a fine line between assault and brandishing which only becomes relevant if you choose not to draw and instead argue about it in front of a judge.
Excellent Point. Here is the best I could find concerning Texas law. Lets stick with Texas law, since the incident occured in Texas, OK? (Bold type is mine)Umm, exactly whose definition? It ain't brandishing under my state's laws.
It could, however, be made into "threatening," which is a worser offense than "brandishing" (in my state).
It may be brandishing under your state's laws, XB, but as is usually the case with firearms laws, one size does not fit all and general pronouncements should, ideally, be avoided.
§ 22.01. ASSAULT. (a) A person commits an offense if the
person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
a person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract; or
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; or
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant.
(d) For purposes of Subsection (b), the actor is presumed to
have known the person assaulted was a public servant or a security
officer if the person was wearing a distinctive uniform or badge
indicating the person's employment as a public servant or status as
a security officer.
(e) In this section:
(1), (2) Repealed by Acts 2005, 79th Leg., ch. 788, § 6.
(3) "Security officer" means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section
1702.221, Occupations Code. (4) "Sports participant" means a person who
participates in any official capacity with respect to an
interscholastic, intercollegiate, or other organized amateur or
professional athletic competition and includes an athlete,
referee, umpire, linesman, coach, instructor, administrator, or
staff member.
(f) For the purposes of Subsection (b)(2):
(1) a defendant has been previously convicted of an
offense listed in Subsection (b)(2) committed against a person
whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
the defendant was adjudged guilty of the offense or entered a plea
of guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision;
and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed in Subsection (b)(2) is a conviction
of an offense listed in Subsection (b)(2).
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, § 12, 13,
eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, § 1,
2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, §
2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, §
1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, § 2.08,
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 739, § 1 to 3, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(23) to (26),
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334, § 1, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 366, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 165, § 27.01, eff. Sept. 1, 1997; Acts
1995, 74th Leg., ch. 318, § 5, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 659, § 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, § 27.01, 31.01(68), eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 15.02(a), eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1158, § 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 294, § 1, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1019, § 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1028, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728,
§ 16.001, 16.002, eff. Sept. 1, 2005, Acts 2005, 79th Leg., ch.
788, § 1, 2, 6, eff. Sept. 1, 2005.
§ 22.05. DEADLY CONDUCT. (a) A person commits an offense
if he recklessly engages in conduct that places another in imminent
danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a
firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless
as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor
knowingly pointed a firearm at or in the direction of another
whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation,"
and "vehicle" have the meanings assigned those terms by Section
30.01.
(e) An offense under Subsection (a) is a Class A
misdemeanor. An offense under Subsection (b) is a felony of the
third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The
victim's effective consent or the actor's reasonable belief that
the victim consented to the actor's conduct is a defense to
prosecution under Section 22.01 (Assault), 22.02 (Aggravated
Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious
bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by
recognized methods.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;
(3) creates, by chemical means, a noxious and
unreasonable odor in a public place;
(4) abuses or threatens[0] a person in a public place in
an obviously offensive manner;
(5) makes unreasonable noise in a public place other
than a sport shooting range, as defined by Section 250.001, Local
Government Code, or in or near a private residence that he has no
right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a
public road or a sport shooting range, as defined by Section
250.001, Local Government Code;
(8) displays a firearm or other deadly weapon[0] in a
public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his **** or genitals in a public place and
is reckless about whether another may be present who will be
offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks
into a dwelling on the property through any window or other opening
in the dwelling;
(B) while on the premises of a hotel or
comparable establishment, looks into a guest room not the person's
own through a window or other opening in the room; or
(C) while on the premises of a public place,
looks into an area such as a restroom or shower stall or changing or
dressing room that is designed to provide privacy to a person using
the area.
(b) It is a defense to prosecution under Subsection (a)(4)
that the actor had significant provocation for his abusive or
threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near
a private residence if it produces its offensive or proscribed
consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise
exceeds a decibel level of 85 after the person making the noise
receives notice from a magistrate or peace officer that the noise is
a public nuisance.
(d) An offense under this section is a Class C misdemeanor
unless committed under Subsection (a)(7) or (a)(8), in which event
it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under
Subsection (a)(7) or (9) that the person who discharged the firearm
had a reasonable fear of bodily injury to the person or to another
by a dangerous wild animal as defined by Section 822.101, Health and
Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 181, ch. 89, § 1, 2, eff. Aug.
29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, § 1, eff. Sept.
1, 1983; Acts 1991, 72nd Leg., ch. 145, § 2, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 318, § 14, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 54, § 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 389, § 1, eff. Sept. 1, 2003.
It happened at my favorite range too, I go there 3 or 4 times a month.