Is it legal in Texas to pull your gun out in your vehicle...

[TxRanger04]

If someone is approaching your car door in an aggressive manner? This guy was yelling at me and then he ran up to my drivers side door aggressively so I reached in my glove-box and pulled out my .380 to show him I was carrying. But literally as soon as I had retrieved the gun and looked back at him to show him he already had a knife in his hand. Thanks.

 

[hkusp1]

If he came at you with a knife that's reason enough to pull your gun, it sounds like he intended to do serious harm. Did you provoke him or antagonize him into approaching you?

Im sure txinvestigator will be along shortly to shed some light on this.

 

[Bithabus]

You should know if you are a Texas Ranger

 

[TxRanger04]

To be perfectly honest, this is exactly what happened. I was leaving walmart(surprise huh), and trying to back out but this lady in her van was blocking me from being able to. Well here comes the guy and his gf walking by, I honked my horn at the woman but of course the guy thinks I'm honking at him and starts yelling at me but keeps on walking. I finally get to back out and start driving to exit the parking lot to my right. I pull up to turn right to exit, but he's to my left and starts turning around yelling at me again so I simply flipped him off. As soon as I did that he started running up to my driver side window in an aggressive manner, so as soon as I saw him run up to door I reached for my gun in the glove box. As soon as I turned around to show it to him so he would back off, he had already had a knife in his hands. I just said **** it and turned right and drove out of the parking lot as he ran after my car for a short distance. So the facts are, yes I flipped him off but this after he was continuously turning around and yelling at me, he ran up to my car, I got my gun out, but as soon as I had he already had a knife in his hands. I left. I'm just worried his gf got scared and called the cops and they got my license plate and are going to report me for pulling a gun on her bf. I honestly was trying to defend my vehicle and my self.

 

[scap99]

You shouldn't have flipped him off.

You brandished, and could be made out as the bad guy on this one...

 

[TxRanger04]

lol no I'm not. Just a Rangers fan.

 

[TxRanger04]

yeah I shouldnt of flipped him off. that was a moment of stupidity. but if someone flips me off I'm not going to run up to their car door and pull a knife on them.

 

[TxRanger04]

I guess I'll find out if the police show up to my house in the next 24 hours...

 

[scap99]

Did the woman see the gun too?

 

[TxRanger04]

I dont know, it was in the holster and I pointed it straight in the air. I have really tinted windows and I seriously doubt if they could even see any of the detail.

 

[scap99]

Let us know if you get the "no-knock" at Oh Dark Thirty...

 

[TxRanger04]

lol hey now, don't freak me out man. They can't do a no knock over a report like that... can they...? I would think they would need a little more evidence and it would have to be a little more serious than what happened.

 

[scap99]

Hell, I was just ribbing you.


but could they? I don't know...

 

[Younggun]

Pretty sure you lost your legal protection (or whatever you might call it) when you recipricated the bird flipping. Can't pour gas on the fire then claim self defense.

 

[Mexican_Hippie]

It's legal, but I probably would have called the police myself afterwards. After all, the guy came after you with a knife.

Next time, I'd avoid escalating an already hostile situation.

 

[TxRanger04]

It's legal, but I probably would have called the police myself afterwards. After all, the guy came after you with a knife.

Next time, I'd avoid escalating an already hostile situation.

Yeah I thought about calling the police afterwards, but I'm not one to get police involved, especially when it's my word vs another persons word. Could easily backfire. I don't even know if they called the police, I'm just trying to figure out if it's legal or not. But I def learned a lesson. Let the asshole yell and scream all he wants, I don't need to lower myself to that level, because I could be blamed for defending myself in the end. Lesson learned!

 

[Younggun]

http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf

Subch. C. PROTECTION OF PERSONS
PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
TEXAS CONCEALED HANDGUN LAWS 59
(B) possessing or transporting a weapon in violation of Section 46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

 

[txinvestigator]

Was he gonna stab you through you car? Why not just drive away?

Reaching for your gun should be the last option, not your go to tool after you overload your ass by flipping someone off. (No offense)

Do you have a CHL?

More people get in trouble of stupid shit like this than in sellf defense shootings.

Man

 

[deemus]

I think we have all avoided the most obvious advice of all here. Don't shop at Walmart.

I have never "brandished" my piece. I have however racked the slide to load a round below view. It worked well to get the knife weilder to back off (also at Walmart). I asked him if I had done something to offend him, and apologized for doing so if in fact I had (click / click). "no problem dude."

 

[TxRanger04]

Was he gonna stab you through you car? Why not just drive away?

Reaching for your gun should be the last option, not your go to tool after you overload your ass by flipping someone off. (No offense)

Do you have a CHL?

More people get in trouble of stupid shit like this than in sellf defense shootings.

Man

Of course someone isn't going to stab you through a car. But in the moment, when someone who is aggressive runs up to your car with a knife, you're self defense instincts kick in. I didnt point it at him and I didnt use it. I brandished it so he would back off. No CHL, gun was in my car cause I had been at the range and then stopped off at walmart to pick up groceries. I shouldnt of flipped him off I know I know, but that doesnt give him the right to act aggressive and pull a knife out on someone.