Briefly displaying firearm while inside my vehicle

[bholabhala]

What is the name of your state (only U.S. law)? Texas
So i got into an argument with a guy. I had a loaded handgun on me. The guy started kicking my car. I pulled out my handgun out of my center console and warned him to back off. The gun was never pointed towards the guy, i never threatened him, i didn't step out of the vehicle with gun. He called cops. Though i didnt get arrested, but i am wandering if this is going to be a problem for me at a later time. They told me that they had a recording where i pulled gun out of my center console and then put it back in.

 

[micmac]

it's called brandishing a firearm and yes it's a problem. Next time don't use your firearm to threaten people

 

[swalsh411]

I don't necessarily agree what you did was wrong or illegal. What was the argument about? Did you start it? Was it over some stupid macho crap that a level headed person would have avoided?

Having said that, if the person was unlawfully damaging your property or you reasonably felt your safety was in danger then showing him you had a gun but not escalating the situation by pointing it at him was prudent.

Don't talk to the police any more.

 

[bholabhala]

No, i didn't start it. It started over merchandise. He went all crazy and started cursing the hell outta me. When i walked away, he came behind me and started kicking the car. I would like to mention that i had my hand on a gun, and yes it was out of console, but never pointed at anyone, never displayed ina manner to cause harm or threaten anyone. It was in my hand for my own safety.

 

[micmac]

http://www.austin-criminal-lawyer.com/brandishing-a-weapon.aspx

This may help you.

 

[bholabhala]

I am literally freaking out over this one. They told me that a detective will take a look at this case and decide if they want to arrest me or not. Do you think i should get an attorney involved? Although Texas is pretty lenient in their gun laws, but cops said they have 3 witnesses, who saw gun in my hand. They also agreed that YES i didn't point the gun at anyone, didn't step out of my vehicle, but they asked me to write a written statement of facts. I wrote my side of the story but never wrote that i was carrying a firearm and/or displayed a firearm during that argument.

 

[bholabhala]

Also, the guys was damaging my personal property (vehicle) by kicking it, and cursing and showing punches and challenging a fight.

 

[swalsh411]

Stop freaking out. You aren't under arrest at the moment. Say nothing further to the police no matter what they tell you. I cannot emphasize this enough. You have nothing to gain by talking to the police. It is not per se illegal to have a gun in your hand in your own vehicle. For example, one may be transferring the gun from a holster to a locked glove box. Or one may be checking to ensure a firearm is unloaded. The fact that you were holding a gun doesn't mean any laws were broken.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas
So i got into an argument with a guy. I had a loaded handgun on me. The guy started kicking my car. I pulled out my handgun out of my center console and warned him to back off. The gun was never pointed towards the guy, i never threatened him, i didn't step out of the vehicle with gun. He called cops. Though i didnt get arrested, but i am wandering if this is going to be a problem for me at a later time. They told me that they had a recording where i pulled gun out of my center console and then put it back in.

**A: there is more to this story and you can still "wander".

 

[FlyingRon]

There's no specific "brandishing" charge in Texas. It can be charged from anything from disorderly conduct up to assualt.
Frankly, you ought to have better firearm discipline than that. If someone waived a gun at me, I'd likely put a couple of bullets in him in self defense. I'd certainly not make "idle" threats with a gun in a carrying-heavy location such as most of Texas.

 

[CavemanLawyer]

If you are going to be charged it will either be as a class B misdemeanor Terroristic Threat or as a 2nd degree Felony Aggravated Assault with a Deadly Weapon. In Texas you are free to possess a firearm in your vehicle at all times without any specific license as long as it is not openly displayed and you are not otherwise committing another crime (other than a Class C offense.)

Just showing a weapon to a person in a threatening manner (ie: I could use this if I wanted to) even without pointing it at them, meets the elements of Aggravated Assault with a Deadly Weapon. I have seen many individuals charged for doing exactly this.

But you are authorized to use non-deadly force to protect your self or your property if reasonable. In some cases you are even authorized to use deadly force. Given your description of events it seems clear to me that you were authorized to do what you did in self defense, but there are two problems. First, self defense is an affirmative defense that legally cannot be raised until trial. So the police and district attorney's office have probable cause to arrest and charge you and put you through the ringer. The second problem is that your version of what happened isn't the only version they are hearing. These witnesses saw whatever they saw and you can expect the complaintant to have a very different version than yours.

I agree with others that legally there is nothing to be gained by speaking to law enforcement, but practically there are certainly non-legal benefits. In a case like this where there is probable cause but a strong argument for an affirmative defense, all you are trying to do is convince the police and/or the DA to use their discretion and just not charge even though they could. Often you giving your side of the side of the story through an interview is the only way to make that happen. You absolutely should NOT just go in and speak with the police. If you are considering giving an interview then hire an attorney and let him or her decide whether to do an interview and then have him or her accompany you to the interview. Giving a prepped and controlled interview with law enforcement can often save you the trouble, expense, and and embarrassment of being charged and having to bond out, pay extra attorney's fees, etc.. all to just have the case dismissed later on after your side of the story gets presented to the prosecutor through your attorney.