My brother's unbelievable luck with guns

2QUIK6

Turbo Milk Jug displacmnt
Joined
May 28, 2001
Well, my brother was one of the first to signup to get his concealed handgun permit when TX started allowing it 10 or so years ago...and carries on him almost everywhere. Well, a couple of months ago, he got in a traffic altercation and a guy tried running him off the road, he pulled his gun out and flashed it so the guy would stop threatening him...the guy got his plates and followed him and called the cops....long story short, they took my brothers gun and finally Monday this week he settled the case getting probation for 2 years and can never get his gun or his permit back...

Tonight, he met his girlfriend for dinner, and while she was dropping him off at his car...they were sitting in her car with it running in the middle of the street, he sees a guy walking by, made eye contact with him then turned back around to his girlfriend to say bye...he notices her eyes get huge, turns around and theres a .45 pointed right in his face and a black guy demanding both their wallets. He gave him both wallets...said the guy was very nervous and he contemplated grabing the guys gun cause it was only 6 inches away from his waist after the guy lowered it when he complied with the demand...my bro is that type of person..but he didn't afriad that a shot would go off and hit his girlfriend. After 10 years of carrying, this would have been the time he needed it the most cause as soon as the guy turned around my brother would have blew that #$@%^& head off!
 
yeah well if you dont understand the law you would know that if he had done just so and blew the guys head off as he was walking away from a crime scene the one in jail would be your brother for 1st degree murder, even cops know not to shoot someone in the back when they are being of no threat or walking away from a crime scene of a crime even though the black guy pull a gun on your bro and robbed him if he was leaving the scene with the gun put away and your bro shot him , the one on the loosing end would be your brother not the robber..
 
In that case I would have yelled to him hey you forgot this dollar and as soon as he turned around bang right between the eyes Chuck Norris style. ;)
 
Just some observations...

1st, I can't say showing your gun after a traffic altercation is the smartest move. People freak out when they see guns. They dont know what your brothers intentions were. He's lucky thats all he got in trouble for.

2nd, I would be happy that all he lost was his wallet... nobody got hurt, he doesnt have to testify in court as to why he shot a guy in the back... its a pain in the short run, but probably better in the long run.
 
Well in TX it is perfectly legal to shoot someone that you just witnessed sealing your goods if that is the only concievable way to get your goods back, the requirment is that it must be after sunset or dark, doesn't matter if they are pointing a gun at you or not. Not long ago a friend shot and killed someone breaking into his car, the theif was not not armed, but fled the scene after being shot, they found the guy 1 block away dead. I would not hesitate to shoot anyone trying to take anything that I worked hard for, if all had that attitude, there would be much less theiving.
In this case, he said the theif appeared to be more scared than my brother was which is why he thought about putting up a fight, and it was a kid about 15 or 16 years old he guessed.
Yes, the traffic altercation was very stupid of my brother and he realizes that now, but his punishment was a lot more than most 3 time felons get for similar acts.
 
Here is the question? why did you brother flash his weapon in the car? He should have known better. that was a perdy bone headed move. He knew what would happen if the law caught up to him. Never EVER pull a weapon unless you plan on pulling the trigger.


the second situation a gun prolly would have not helped. To draw on an already drawn weapon is not always the smartest thing to do.


I have an AZ CCW and I am all for carry, but there is some responsibilty that comes with it. Frankly your brother f'd up when he pulled the gun in the car.

the second situation could have ended badly and would have been truely regretable if your bother tried to disarm the guy. he made the right choice there.
 
The laws regarding CCWS are very strict and specific here in CA. I had one for a few years while living in a rare county that allowed them (lost it when I moved to another county that wouldn't allow it). My understanding is that it is to be concealed at all times. The only time you brandish your fire is when your life is in dire straights...meaning deadly force is needed to protect your life, not to show someone who's boss. During the time I had my CCW if I would have accidentally let it show in public and someone turned me in I would have lost my privilege. When I mean show I mean by accident (jacket riding up, someone seeing it under clothing...etc) If I were to have brandished my firearm in any altercation where my life was not in absolute danger I would have spent time in jail allong with loosing my privelege to legally own a firearm. Your brother is a lucky man on both accounts (not going to jail in the first place and not being harmed by the perp.)
 
Or he could have searched your brother and stole his gun and now a criminal would have another gun. This just happened to my fathers friend. A guy hit him from behind to rob him, my father's friend pulled out his gun but before he could point it and shoot the guy was on him and got the gun away from him. Luckily he did not shoot him with it. So now a strong armed robber now has a gun to hold people up with. I'm all for guns, but it deffinately can work both ways for people who carry.

also, your bro should have know its illegal to brandish a weapon from an auto like that. Glad he and his GF are ok though.
 
Pulling the Gun in the Car was Wrong.

Probably the Best Thing He Ever Did. ;)
 
2QUIK6 said:
Well in TX it is perfectly legal to shoot someone that you just witnessed sealing your goods if that is the only concievable way to get your goods back, the requirment is that it must be after sunset or dark, doesn't matter if they are pointing a gun at you or not.

If this is true, I'm packing my sh*t up and moving to Texas. :) This is the way it should be. If someone tried to steal your stuff in CT, you'd probably be prosecuted if you yelled something profane at them and hurt their feelings.
 
wow, you guys are pretty harsh, if a guy has me blocked in traffic and has just tried running me off the road, I would consider that a threat on my life. If the guy was getting out of his car, then hell yeah I would pull out my gun to get him back in the car, you don't know what he'd do if he got up to your window. There were some other circumstances that I did not mention that did make it a stupid decision to pull the gun, so I do agree it was the wrong move.
As for the theif, he would have been dead if my brother would have been armed since the robber did not search him physically for anything else, just wanted their wallet and purse handed over. There's not a jury in TX that would have convicted him for that. I have ran over and killed a theif by "accident" before 19 years ago, and the police sent a Chaplin to my house to make sure I was ok after killing a guy since I was only 17 years old at the time, nothing more. Some folks are too afraid of the law which makes it a win win situation for the criminals.
I guess it would not have been ok for a customer at the Luby's in Killeen to have shot the murderer from behind since he was not facing the customer? The guy could still turn around a shoot you after robbing you if he decided he didn't like the way you looked, so there is nothign wrong with shooting them as they walk away, thats the way it is viewed here.
 
God bless Texas


My home state of Florida seems to be leaning further that way too, a good thing if you ask me.
 
Thats one of the reasons I don't get a permit.If they don't know i have a pistol on me with one,whats the difference without one?

I personally would wait until I absolutely had to show my gun in any situation,but if it comes out , you will hear it before you see it.

I read somewhere that if you use a rubber bullet for the first one or two rounds,it makes it much easier to defend yourself in court.The idea is that if the rubber bullet doesn't do the trick,you had to kill the guy to protect yourself.The evidence would be a large bruise from the rubber bullet,and the bullet could be located at the scene.

Thats my plan.I don't carry but if I do,I want to cover every angle I can.

Oh and god bless TX where we shoot to kill theives,because it's legal.
 
thats a really bad idea

using a rubber bullet is asking to be killed. You pull a gun on someone who is threatening you with deadly force, you better kill them. How many shootout videos do you see on the net of guys robbing some convenience store and it turns into who can draw and fire first.
 
A lot of the time, the difference between an unlawful brandishing and self defense is how the incident is articulated. If your brother told the cops that the guy tried running him off the road and he pulled his gun out to get the guy to stop threatening him, it would be a brandishing. The way to articulate his actions in a legal way would have been for him to say the other guys actions made him fearful of his life. He should have said he only pulled his weapon out as a last ditch effort to protect himself from imminent harm.

The issue with the robber is a little different. I would never suggest someone confront a bad guy with a gun. As others have pointed out, the odds of safely defending yourself at point blank range against an already drawn opponent are mighty slim. I'm glad your brother and his girlfriend are safe.

Are you certain about the self defense laws in Tx? Federal law allows police officers to shoot a fleeing felon, but the officer must believe that the felon's escape would gravely indanger the public. You can learn more about the "Fleeing felon doctrin" by googling "TENNESSEE v. GARNER". I'm pretty certain that no state allows people to use lethal force to protect private property.
 
dgreen1069 said:
A lot of the time, the difference between an unlawful brandishing and self defense is how the incident is articulated. If your brother told the cops that the guy tried running him off the road and he pulled his gun out to get the guy to stop threatening him, it would be a brandishing. The way to articulate his actions in a legal way would have been for him to say the other guys actions made him fearful of his life. He should have said he only pulled his weapon out as a last ditch effort to protect himself from imminent harm.

The issue with the robber is a little different. I would never suggest someone confront a bad guy with a gun. As others have pointed out, the odds of safely defending yourself at point blank range against an already drawn opponent are mighty slim. I'm glad your brother and his girlfriend are safe.

Are you certain about the self defense laws in Tx? Federal law allows police officers to shoot a fleeing felon, but the officer must believe that the felon's escape would gravely indanger the public. You can learn more about the "Fleeing felon doctrin" by googling "TENNESSEE v. GARNER". I'm pretty certain that no state allows people to use lethal force to protect private property.


TX state law for a FACT says that if someone is caught stealing your property and you know if they get away that you may not get your property back,you can shoot them.

We have hundreds of instances a year where someone has exercised this right and did not go to jail.

Why would someone protecting their property be any more or worse than the criminal taking it?

Other states have stupid gun laws,but in TX we know what guns are for....killing, plain and simple.Anybody who would say a gun is for any less of a purpose or for some other purpose is just kidding themselves.
 
It is true... you absolutely CAN shoot someone that is stealing your property in Texas. I wish it was this way everywhere. I don't know about the after dark thing - that is the first time I heard that.


I will tell you this though - Not too long ago, a guys house was burglarized in Chandler(a city in the metropolitan area of Phoenix, AZ), I believe. During this burglary they stole his keys, included in the set of keys were an extra set for his truck.

He knew they would be coming back for it, so he waited up at night with a gun and sure enough the second or third night IIRC, they came back. He shot and killed a guy that had his set of keys while attempting to steal his vehicle.

Now, in AZ it is NOT legal to defend your property, only your life. BUT the DA did not file any charges against the shooter in this case because and I quote,
"we would not be able to find a jury that would convict"


While traveling, I asked an officer in NV if it was legal for me to carry a loaded weapon with me in my vehicle. He said yes and I asked what about in California?

He said, "No. But I would rather be judged by twelve then carried by six..."
 
You could always become a police officer. Last year the Federal government passed a law that basically exempts all active and retired law enforcement officers from state and local concealed weapons laws. Even the biggies like NY city and Wash. DC cannot enforce their weapons laws on law enforcement officers. It was a long time coming, but I'm glad if finally passed.
 
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