Is it Illegal to “Brandish” a Weapon in Texas?

In Texas, the law allows for the open carry of firearms in certain circumstances, and it is generally legal for individuals to carry handguns in plain view in a shoulder or belt holster. However, brandishing a weapon in a manner that causes a reasonable person to fear for their safety or intentionally displaying a firearm in a threatening manner can lead to criminal charges.

The specific circumstances and details surrounding the display of a weapon can significantly impact the legal implications. Responsible and lawful firearm ownership is encouraged, but individuals should be aware of and comply with applicable laws regarding how weapons are carried and displayed.

What is “brandishing” a weapon?

Brandishing a weapon generally refers to displaying or showing a weapon in a manner intended to intimidate, threaten, or instill fear in others. In Texas, the act of brandishing a weapon can be subject to legal scrutiny, particularly if it is done in a way that is likely to cause alarm or concern for the safety of others.

In the context of firearms, brandishing may involve openly displaying a firearm in a threatening or aggressive manner, such as pointing it at someone or waving it around, with the intent to create fear or apprehension. Brandishing a weapon can escalate a situation and potentially lead to criminal charges.

Under the Texas Penal Code, Section 42.01, “Disorderly Conduct” includes the offense of displaying a firearm in a public place in a manner calculated to alarm. This offense is a Class C misdemeanor. Additionally, if the act of brandishing a weapon escalates and leads to a more serious threat, assault charges or other offenses may be applicable.

What is disorderly conduct in Texas?

In Texas, disorderly conduct is a criminal offense that encompasses a variety of behaviors that are considered disruptive, offensive, or potentially harmful to public peace and order. The behaviors classified as disorderly conduct under Texas Penal Code, Section 42.01 include, but are not limited to:

• Fighting or brawling: Engaging in a physical altercation in a public place.
• Using abusive or profane language: Using offensive language in a public place.
• Displaying a firearm: Exhibiting a firearm, e.g., brandishing a weapon in a public place in a manner calculated to cause alarm.
• Discharging a firearm: Firing a firearm in a public place other than a public road or a sport shooting range.
• Making offensive gestures: Making an offensive gesture or display in a public place.
• Falsely reporting an incident: Knowingly making a false report to a law enforcement officer about a crime or incident that has not occurred.
• Obstructing a highway or other passageway: Blocking a public passage, such as a highway or sidewalk, without legal privilege.
• Disrupting a meeting or assembly: Disturbing a lawful assembly or meeting of people.

Disorderly conduct is typically charged as a Class C misdemeanor. However, certain factors or repeat offenses can result in higher-level charges with more severe penalties.

What is the difference between legally carrying a weapon and brandishing one?

In Texas, the key difference between legally carrying a weapon and brandishing one lies in the manner in which the weapon is displayed and the intent behind that display. Here’s some clarification:

Legally carrying a weapon

Legally carrying a weapon refers to the lawful possession and transportation of a firearm or other weapon in accordance with Texas state laws. Texas allows for the open carry of handguns in certain circumstances, and individuals can carry handguns in plain view in a shoulder or belt holster if they meet the legal requirements. Carrying a concealed handgun with a valid license is also permitted under specific conditions. The act of legally carrying a weapon involves keeping the weapon holstered or secured in a lawful manner without using it to threaten or intimidate others.

Brandishing a Weapon

Brandishing a weapon involves displaying a firearm or other weapon in a manner intended to intimidate, threaten, or create fear in others. This behavior is often considered aggressive and goes beyond the lawful act of carrying a weapon. It may include pointing the weapon at someone, waving it around in a threatening manner, or otherwise using it in a manner likely to cause alarm. Brandishing a weapon can lead to criminal charges, particularly under offenses like disorderly conduct.

The legality of carrying a weapon in Texas is generally determined by adherence to specific laws and regulations governing the possession and transportation of firearms. Brandishing a weapon, on the other hand, involves using a weapon in a threatening or intimidating manner, and this behavior is likely to result in legal consequences, as it may violate laws related to disorderly conduct or assault. Responsible and lawful firearm ownership involves understanding and adhering to both the rights and responsibilities associated with carrying a weapon.

Is brandishing a weapon always considered disorderly conduct?

While brandishing a weapon can often fall under the umbrella of disorderly conduct in Texas, it’s important to note that the relationship between brandishing and disorderly conduct is not absolute. Brandishing a weapon may be considered disorderly conduct if the display is done in a manner calculated to cause alarm or if it disrupts public peace.

Texas law includes a provision for disorderly conduct that encompasses displaying a firearm in a public place in a manner calculated to cause alarm. However, it’s crucial to recognize that other factors, such as intent, context, and the perception of those witnessing the act, can influence whether charges of disorderly conduct are applicable. Additionally, brandishing a weapon might lead to other charges, depending on the circumstances. For example, if the display of the weapon is perceived as a threat or an attempt to provoke a violent response, it could potentially result in charges related to assault or other offenses.

In Texas, you have a right to own a firearm. However, the state still has the authority to put restrictions on those rights. The criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers understand the ins and outs of Killeen weapon and firearm charges and we’ll protect your rights. If you face charges of brandishing a weapon, call us or fill out our contact form to schedule a consultation with an experienced defense attorney today. We maintain an additional office in Copperas Cove, and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.