I believe the law says you must be in fear of your life or of severe bodily injury to yourself or others.

You don't have to prove you were afraid, you just need to be in a situation where your peers would agree they would be afraid.

On a dark street with two hoodlums following you even after you made a lot of evasive moves? I would think you would be afraid for your life.

A man you accidentally cut off in traffic who has now stopped you and is walking toward you with a knife saying he will kill you? I would think you would be in fear for your life.

I believe in these instances you could pull your weapon and hold it at your side and let the bad guys see it and not get in any trouble at all.

However, walking through a seedy part of town with your gun on your hip or waving it around would be considered brandishing. Even if you were scared to be in that neighborhood, without a definite fear you can articulate I think it is brandishing.

Always notify the local PD. This covers your behind. I think Massad Ayoob wrote something on this. I believe it is in Backwoods Home Magazine May-June 2012 edition. But the capson spay is a good option.

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no second place winner

I had a situation about 30 years ago where an angry man approached me while carrying a hammer (no nails in sight, so I assumed it was a weapon). His young son had been frightened by my dog and ran to his father and told him I sicced the dog on him.

I saw him approaching (as well did my Doberman). I drew and held to my side, my .38 revolver. I held the gun tight to the back of my hip and I am certain it was not visible to the guy. But I was ready.

I was able to diffuse the situation by conversation (a 130 pound Doberman on a 6 foot leash helps too). But I think that my approach of making a discrete draw and hiding the weapon from view was wise. It could be brought into play very quickly (with no fumbling), and it would not require a police report.

On Long Island, where I lived at the time, if you drew your weapon you had to report the situation to the police. Of course if no one saw the weapon, no report required.

There is the risk that the police might feel that the drawing of the weapon was inappropriate and you could lose your licence. I think that would be the case throughout New York.

For instance if you displayed your gun to cut ahead on the Starbucks line you would probably be in trouble. Even if you don't draw it. And what you feel is reasonable might not meet the legal threshold for reasonable.

A discrete draw is an excellent one to practice. The pocket holster is perfect for this. But you should practice this anyhow. You always have time if you are making a discrete draw. And the gun should be largely hidden from all to the greatest extent possible.

In the old cowboy movies you saw a lot of discrete draws at the poker table. Everyone understands the advantage of a gun already in the hand and out of the holster.

How does this "cover your behind"? We had a guy not long ago make a report about some guy attacking him. He made the report to "have it on record" which is the other usual way people say "cover my behind". He didn't count on us tracking down the other side of the story and determining that the guy who initially reported the assault was the aggressor. This guy was arrested and no doubt is maintaining that he did nothing wrong and should have been more credible because he not only reported the incident but also reported it first. The best way to cover your behind is to be right and be discreet.

My grandfather always told me told me, "Two men with a gun, someone is going to get hurt." My point... what if the other man also has a weapon. This could complicate the situation... there is no simple answer. It is always use hindsight... but in the heat of the moment all we have is our gut feelings and best judgement. I have the greatest respect for LEOs... they have to make these judgements on the street and expected to be correct a 100% of the time.

I'm a retired police officer offering my opinion. In both cases I believe you are not warranted to brandish or draw your firearm. You should take reasonable action to keep yourself safe such as create distance while maintaining awareness. I don't believe in drawing and hidiing your firearm behind your leg either, you're still concealing it and doing so may only escallate the situation and you might draw unneeded attention to yourself. Doing so may also provoke things farther and guy may have had nothing in mind at all, now who looks like the bad guy. If you're confronted, threatened and/or about to be hurt, robbed or maimed, take care of business. You do have an expectation (by the courts) to act prudently, but you need not give up you rights to defend yourself either. Remember, feeling threatened is your perception. Only you need to articulate what you did and why. Clear as mud isn't it

Brandishing is dangerous and ill advised and in Texas against the law. I am a firm believer in the term "last resort" to protect my life or the life of another. I'll never shoot anyone over a car or a tv or a few bux...unless I'm TRULY in fear of my life. If I'm ever assaulted to that extent I will pull and fire with out hesitation. Always ALWAYS as a last resort but when it's time I have no problem with it and will NOT hesitate. If and when I pull it somebody's gettin' shot. The time for talkin' and threatenin' is over.

Would you provide a statute quotation regarding "brandishing", as I live in Texas and in Texas it is "intentional unconcealment", that is a problem. Accidental unconcealment can and does happen. I too would never accept being assaulted before drawing. And if I am in the car, and when the glass is breaking as well as in my home they will not get farther than the door if I can stop them.
Armed or unarmed someone committing assault on a disabled or elderly person can result in that person getting shot with their own gun.

But for the term "brandishing" I don't think that term is
defined in the Texas Statutes. I may be wrong, but if so I have not found it. Showing someone your gun though and someone else sees it, would be a violation of the Texas Statutes, since that would be intentional unconcealment.
Your shirt being blown up by the wind, and part of the holster being revealed would not violate the law. It might cost you a a ride perhaps.

I've said before on this forum, attitude goes a long way. I had a shady individual approaching me in a dimly lit area, he had his hand in his pocket. I am a student at Indiana State University and as such have to store my gun in a safe about twenty minutes from my dorm (with a family member i trust) so at that time I was unarmed, but I still had my armed state of mind. Body language can tell people you are not an easy target and that the need to find someone else to bother. In your above situation, your description is pretty vague and likely to get you in trouble for brandishing. My rule of thumb is if you're going to present, draw. If you're going to draw, be justified to shoot. Most laws state something along the lines of imminent, reasonable fear for life or sever bodily harm to shoot.

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Just the opinion of a kid

I have no statute quotation on brandishing. I concur with you on the accidental unconcealment issue but what ever the language is of the law is I believe that it is illegal to intentionally draw your weapon to threaten or intimidate someone.

Say you are driving down the road and another driver starts road raging on you. If you pull your gun and point it at him or even just show it to him you have committed a crime and will likely loose your license to carry.

Keep it concealed until you must use it as a last resort.

Of course you are right.

But road rage when you are inside your vehicle and with the ability to drive on is not the same as up close and personal on a dark street.

Even then it is obvious that one should change course and cross the street, go in a store or take whatever other evasive action that is available.

But still, when to consider it life threatening is a very difficult decision..