Legal Consequences for drawing your weapon?

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OK here's the deal. The great state of Texas has different rules and regulations and laws pertaining to the use of force then say all the other 49 states. Every state has its own laws. In Texas if you feel your life or someone else's life is in danger and you can shoot. No matter what YOU WILL BE ARRESTED AND YOUR WEAPON WILL BE SIEZED. A grand jury will look at the case if your no billed your free to go (good look getting your weapon back) if your billed go get a lawyer. If you draw your weapon and do not fire the most that will happen is you may be charged with brandishing a firearm. I also highly recommend if you have any concerns talk to a lawyer or a state trooper who deals in the liscensing aspect of the chl. I am not a lawyer and am not a law enforcement official so I don't have all the answers.

For anyone also in the great state of Texas also go to http://www.petitiononline.com/texasoc/petition.html and sign the petition so we can pass an open carry law
 
It also wouldn't hurt that if you do have to use a weapon that you are first aid and CPR certified and you at least make it look like that after you shot the idiot that tried to hurt you or someone around you that you were attempting to keep the idiot alive until ems arrives.
 
In Texas we are not required to retreat, or try to retreat. I think states that force you to retreat before the use of force have cost countless numbers their lives. If you are in my home, I will not retreat... If you have a group of thugs that try to do bodily harm to myself or my wife, I will not retreat... When a situation escalates to a weapon having to be presented, you better show incredible courage, and be like a rock. Showing weakness to a criminal is just asking for trouble. Be firm and resolute. To answer your question TheDude11487, in Texas, if you have to draw your weapon... as long as you call the police immediatly, charges will not be brought against you, just explain in detail what happened so they know you are the victim. I have had to draw twice on a guy that was stalking my wife. You think he would have figured it out the first time. And the police are on my side. However, stalking is damn near impossible to prove. I was told in a descrete maner, that if I shoot him that the officers would vouch for me... this is because their hands are tied and they know exactly how big a problem this is becoming. But like any other LEO they can not really do anything unless they witness the problem, or it turns into a criminal act (assaulting her). You do what you need to do to ensure the safety of yourself and you loved ones my friend. I have always be told by my father "better to be judged by 12, then carried by 6".
 
You don't need to point the gun at the bad guy to be charged with assault.
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Very true, dependng on the state you live in. In SC, merely showing your weapon can beconsidered "use of deadly force".
 
i am sorry you live in a communist state Keltyke
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If you draw a gun with the intent of scaring a person and are not justified in doing so, then there is a good chance you could be charged with a crime. That is true in most states, including Texas.
 
States not run by pansy DemocRATs generally don't require one to retreat. If I had to draw, in order to stop an attack, I'd call the cops, whether or not a shot was fired. If I did have to fire, then I'd do my dead-level best to kill the assailant. If I only wounded the assailant, I wouldn't render any aid to the assailant. We aren't required to be contrite about exercising our rights of self-defense, and we aren't required to render aid to society's parasites and predators.

It'd be silly for everybody who's going to carry to go to the expense of speaking with a lawyer, "just in case." Laws are written in standard English. (except, maybe, in Kalifornia, Texas, AZ, etc., ;)) If you can read and comprehend the English language, just read your state's code on s.d., concealed weapons carry, etc.

The last person I'd go to for an explanation of the law would be a local deputy or state trooper.
 
States not run by pansy DemocRATs generally don't require one to retreat.
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In most states, you must retreat if you are outside of your home. There are a few states which do not require you to retreat if you are outside of your home, but they are a very small minority. None of the states require you to retreat while inside your home, provided your attacker is not legally in your home.

Laws are written in standard English. (except, maybe, in Kalifornia, Texas, AZ, etc., ) If you can read and comprehend the English language, just read your state's code on s.d., concealed weapons carry, etc.
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I have to disagree. First off, the words in the statute often have meanings that are different from the usual usage. For example, Massachusetts General Law has this particular gem:

(6) A firearm identification card shall not entitle a holder thereof to possess: (i) a large capacity firearm ... or (ii) a non-large capacity firearm ...
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So, if a MA FID won't let you possess a non-large capacity firearm or a large capacity firearm, what will it let you possess? It let's you possess some rifles and shotguns. How does it do that? Under most sections of MA law, rifles and shotguns are not firearms. The word "firearm" is defined in MGL Chapter 140 Section 121:

“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.
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If you don't understand that the word "firearm" effectively means "handgun" in most (but not all) MA laws, then you will come to some very grievous misunderstandings. There are plenty of other gotchas in there as well -- for example, defensive sprays are considered "ammunition" in MA law.

Also, even if you think you have a "perfect" understanding of the statute, you only understand part of the law. The courts have interpreted many of these laws, and the written opinions of the higher courts constitute precedent. Their interpretations can sometimes be described as creative and may well not be what you would expect based on reading the statute.

I'm not a lawyer. I have studied MA firearms law. I still contact the MA firearms association, the Gun Owner's Action League, and a firearms attorney from time to time. I suggest others consider doing the same, particularly when it comes to self defense. If you misunderstand the laws of self defense in your state and you act based on that misunderstanding, the consequences can be horrific.
 
i am sorry you live in a communist state Keltyke...
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I highly object to the use of the word "communist" in reference to SC. FYI, SC also has the Castle Doctrine in effect, and no duty to retreat - wherever you are. It's also been decided that, if someone breaks into your home, you may assume they are there to harm you, not just to rob you - and you may act accordingly.

So, what makes Texas so great?
 
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If you draw a gun with the intent of scaring a person
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+1 there!

If you do that, then you have drawn illegally. You don't draw to bluff. You don't draw to scare. You don't draw to fire warning shots. You draw to stop a threat on your life. Period.
 
States not run by pansy DemocRATs generally don't require one to retreat.
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Ummm...the whole point behind "duty to retreat" laws was to have a way to prosecute blacks who defended themselves from whites.

ALL of the "duty to retreat" laws post-date the 1925 aquittal of Dr. Henry Sweet and family who fired into a lynch mob in Detroit and were cleared by an all-white jury. Their attorney was Clarence Darrow :).

So there's a disconnect between the existence of that class of law and whether or not the state is very "liberal" in the modern semi-corrupted sense. Of course, some modern pro-RKBA states have repealed duty-to-retreat which has made the correlation work better...
 
i think you need to relax, it was in jest, as show by the smily... actually i never said to pull it in order to scare them off. but if you draw due to the fear of bodily harm, and they retreat when you present your weapon to nuetralize the situation... that is NOT illegal.
 
Ahhh, smileys...the bane of the delicate and thin-skinned.
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In TX you can draw/show a weapon when FORCE (not deadly force, JUST force) is legally justifed in order to create the apprehension that you might use the weapon. For a more exhaustive treatment of the topic, the link in my first post on this thread contains the text of the applicable statutes.

In TX, (a castle doctrine state) there is no requirement to retreat from a criminal attack if you are in a place you have a legal right to be.

I think what can happen if you draw your weapon when you don't have legal justification has been amply covered and it looks like things have deteriorated to the point that this thread is no longer worth leaving open.
 
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