When Can I Display My Firearm in Self Defense?
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- Опубликовано: 8 сен 2024
- More firearms education is available at: www.TexasLawShi...
Program Attorneys Edwin Walker and Michele Byington explain when you can and can not display your firearm in self defense in Texas.
This is not an endorsement or solicitation for any
product or service. Your situation may be different
so please contact your own lawyer regarding
your specific circumstances. If you do not
have a lawyer, you may contact your state's
bar association.
Brandish a firearm in Texas is " Deadly Conduct ". If you show it, you better be ready to use it.
This was terrible info they have given here and didn't tell you what law enforcement will arrest you for.
If you pull it, have a reason, and use it until the threat is gone.
Thanks for the videos, i am hoping to find one on a cost effective way to have a good gun defense lawyer ready to call if needed in my area
In the event anybody comes into my home uninvited, they will be meeting several rounds head on.
I'm not sure if it is still being taught, but if you have had any formal firearms training & end up in court for a firearm related charge, that training most likely will be brought up in court, up to & including your instructor testifying to the training you received. If you acted outside the scope of that training it could be bad for you. So I recommend getting only the minimum formal hands on training with an instructor. Many videos can be purchased that will provide the information & training drills with out the formal hands on. Not as fun, but you can easily set up the drills & practice them.
How could being better trained with the gun you are carrying possibly be a bad idea?
The more training you have, the better understanding you will have of gun and how to use it. Making you more effective at stopping a threat, reducing liability by shots flying everywhere and helping increase the odds that you survive any deadly encounter which is kinda the point of carrying the gun in the first place.
The idea that firearms training makes you less of a responsible gun owner and safer in court is foolish.
Training less does not make you safer... it makes you a liability.
You can display your firearm by yourself, looking in the mirror, or you can display your firearm as it goes from holster to a ready position as you have already decided to pull the trigger.
Sorry, but many a court has said that pointing a gun at someone is a threat, as it clearly is. Are you allowed to threaten other people? Only in very limited circumstances, but once you make a credible threat to someone they now have the right to defend themselves. so in essence pointing a gun at someone is giving them legal permission to kill you.
You may be able to defeat an Aggravated Menacing charge in some very limited circumstances ( not many), but implying that pointing a gun at someone is a felony (and a good way to end up dead) in almost all circumstances is pretty irresponsible.
true if you point a gun at someone and that someone was armed and shoots back then at that moment you lost the trial(if you were still alive).
Displaying a firearm even for defensive purposes is stupid. Even if the person was a threat and you showed him your firearm to scare the threat away the threat can exaggerate the situation and say "This person pulled a gun on me and threatened me" than the police gets called and you get searched and your firearm is found in your possession. Than what happens, you get arrested and go to jail.
@Semper Fi Even the videos from Texas Law Shield have given instances where someone displayed a gun to communicate that they were armed, and then were arrested by the police for the crime of brandishing. A lot depends on a bunch of variables, but by displaying a firearm, you do run the risk of being arrested for brandishing. If it's serious enough to pull the gun out, it's serious enough to shoot. Just be sure you have a justifiable shoot.
Typical lawyer non-answer
Very true. I think they should have distinguished between displaying and brandishing. The latter can be criminal.
@@charlessmith6412 They included everything from raising a shirt tail to show the gun in the holster all the way up up to pointing it at the person, just short of pulling the trigger. Brandishing is within that spectrum. There is, however, no distinction in Texas law between "displaying" and "brandishing;" Texas law just says "display."
As she said, a "display" is legally considered "force," so the circumstance must be one in which the use of "force" (short of "deadly force") would be permitted.
Kirk Darling: With that amount of fuzziness, and the idea of losing tactical advantage, it is my opinion that if I'm ever presented with a deadly force situation in which it seems like I'm justified in using deadly force, that I will use deadly force without warning of any sort. Maybe I'll be wrong but it seems like I will stand more of a chance of surviving. "Better judged by 12 than carried by six". And I doubt that I'll have the opportunity to consult with an attorney first. Many thanks for the information, though.
@@charlessmith6412 You're missing the distinction in Texas law between "force" and "deadly force." In Texas, there are many situations in which "force" can be legally applied, and "force" includes displaying a weapon--including drawing and pointing it, as these lawyers stated. If the situation still escalates to requiring "deadly force"...you can pull the trigger.
Kirk Darling: Thanks, Kirk. I'll have to mull that over, and hopefully in the stress of the moment I'll remember the difference.