October 13, 2012, 02:33 AM
Join Date: February 12, 2001
Location: DFW Area
Weapons apparently capable of producing bodily harm — unlawful carrying or handling — penalty — exceptions.
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
The only thing that could even be stretched to include a provision that gives blanket protection against drawing/exhibiting a firearm if someone commits a felony (with no other qualifications to the crime) would be in (3) (d) which gives protection to someone "making or assisting in making a lawful arrest for the commission of a felony". Not really something that one would want to hang his hat on if he's not assisting an officer to make an arrest.
(3) (c)-- the only other portion of the law that applies to the general citizenry contains no wording that makes it legal to draw a weapon simply because someone commits a felony in the presence of the person with the weapon. It applies specifically to only one particular type of crime, i.e. "the use of presently threatened unlawful force by another".