Texas Penal Code - Section 9.42. Deadly Force To Protect Property§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. Quoting: eekers Quoting: Dinkytuff Quoting: eekers
I've noticed lately more and more people are getting in trouble for shooting would be attackers, robbers, etc. Quoting: Dinkytuff
Has anyone else noticed this disturbing trend?
no. but then again I live in Florida.
Here's a couple links you might be interested in.
[link to selfdefenseflorida.com
[link to www.theblaze.com
And there were a couple in Texas and Arizona lately
Well right off the bat, in the Blaze article, "For the second time this week, a gun owner is under investigation for shooting at a criminal who unlawfully invaded his property."
You can't "shoot at" people after giving them warnings. One of the first things you learn in a CCW class is that you only use your firearm if your life is in danger
, not to scare people off. People should know their rights under the law and do what they have to do to protect themselves. If the guy was in trouble for this before the same week, maybe he's just gun-happy.
I learned that you are ok to shoot if your life or someone else's life is in danger, like if someone is lunging at you or your kid with a knife. That's justified. But you can't off people for stealing things out of your car, no matter how much they deserve it.
If someone breaks into your home, you can shoot them, especially if you see them reaching for something. They could be pulling a gun on you and they obviously have no right to be there. As far as the electrician pulling a knife on me, like in that self defense FL example, yes, he is invited into the home to work but I'll be damned if he's gonna stab me, he's getting shot. And yes, I always carry, even when I'm in my home, especially if people are going to be coming in to work-- pest control, roofers, maintenance people, you name it. you never know.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.