Pulling a Gun During a Road Rage Incident in Texas

 Posted on August 22, 2025 in Gun Crimes

Tense moments on Texas roads can turn dangerous in seconds. When tempers flare, some drivers reach for a firearm to "make a point." Doing so can bring serious criminal weapons charges, even if no shots are ever fired.

Road rage incidents appear to be a serious problem in Texas. A July 2025 analysis found that Texas led the nation in gun-involved road rage incidents from 2014 to 2023, with hundreds of shootings, and most resulted in someone being hit. In response, lawmakers approved tougher penalties for shooting into or toward an occupied vehicle, slated to take effect September 1, 2025.  If you are facing charges for allegedly brandishing a weapon during a traffic incident, a San Antonio, TX weapon charges defense attorney can help you build your defense.

Is It Illegal To Pull Out a Gun During a Road Rage Incident in Texas?

In Texas, showing or pointing a gun can be illegal under certain circumstances. Under Texas Penal Code § 22.01, a person commits assault by intentionally or knowingly threatening another with imminent bodily injury. If you show or use a gun while threatening someone, you can be charged with aggravated assault, which is a more severe charge.

Self-defense may apply, but it has limits. Texas Penal Code § 9.31 allows the use of force when a person reasonably believes it is immediately necessary to protect themselves. However, the law does not protect you if you provoke the encounter. It also does not apply if you use force in response to words alone or are engaged in criminal activity. Texas’s no-duty-to-retreat rule generally applies only if you had a legal right to be where you were and did not start the conflict.

What Are the Typical Charges Related To Road Rage in Texas?

In a Texas road-rage incident, showing a gun can lead to several charges. You could face assault by threat for scaring another driver. You might be charged with aggravated assault with a deadly weapon if you point or use the firearm. Displaying a gun in a way that alarms people could mean a disorderly conduct charge. You may also face unlawful carrying if you are not allowed to carry or if the weapon is carried improperly. Location-based offenses can apply if the gun is in a prohibited place, such as a school, certain government buildings, or bars. The possibilities are extensive, and challenging them requires carefully considering the details of your case.

Possible Defenses for Pulling a Gun During a Road Rage Incident in Texas

In addition to self-defense, some common examples of defenses related to brandishing a gun in traffic include:

• No intentional threat: Maybe you kept the gun holstered and did not display it in a threatening way.

• Misidentification or incomplete evidence: In chaotic traffic, witnesses can confuse vehicles or drivers. Gaps or poor-quality video may create reasonable doubt.

• Necessity: You acted to avoid a greater, immediate harm.

• Unlawful stop or search: If police seized the firearm or obtained statements in violation of your rights, key evidence may be suppressed.

Contact a San Antonio, TX Gun Crimes Defense Attorney Today

If a road rage encounter ended with an arrest or investigation, do not face it alone. A San Antonio, TX weapons crimes defense lawyer at Law Offices of Sam H. Lock can help. Attorney Sam Lock regularly teaches at continuing legal education programs, guiding other lawyers on new legal developments, evidence rules, courtroom procedure, and the real-world consequences of criminal convictions. He also represents people from every background and is deeply committed to fighting for them in courts across Texas. Call 210-226-0965 to schedule a consultation and work with a knowledgeable attorney who cares.