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Thread: Texas Gun Laws Explained Part 2

  1. #1
    ASD Senior Member Decline's Avatar
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    Default Texas Gun Laws Explained Part 2

    Texas Penal Code: Chapter 9: Section 32
    DEADLY FORCE IN DEFENSE OF PERSON (yourself)
    A) You can shoot a bad guy for trying to use unlawful deadly force on you or for trying to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
    B) Your belief that deadly force was immediately necessary, as described above, is presumed to be reasonable if you:
    1) Knew or had reason to believe that the bad guy you shot:
    a) Was trying unlawfully and with force to enter your occupied habitation, vehicle, place of business, or employment.
    b) Unlawfully and with force, removed or was attempting to remove you from your habitation, vehicle, place of business, or employment.
    c) If you did not provoke the bad guy into attacking you and you were not committing a crime (other than a traffic violation) when you shot the bad guy.

    Texas Penal Code: Chapter 9: Section 33
    DEFENSE OF THIRD PERSON
    A) Anything you can legally shoot a bad guy for doing to you, you can shoot a bad guy for doing to someone else.

    Texas Penal Code: Chapter 9: Section 34
    PROTECTION OF LIFE OR HEALTH
    A) You are justified in using force (not deadly force) against someone trying to commit suicide or inflicting serious bodily injury to themselves if you feel that it is necessary to protect them.

    Subchapter D – Protection of Property


    Texas Penal Code: Chapter 9: Section 41
    PROTECTION OF ONE’S OWN PROPERTY
    A) If you have lawful possession of land or tangible movable property (such as a car), you are justified in using force when, and to the degree that you reasonably believe the force is immediately necessary to prevent or stop the bad guy’s trespass on your land or the unlawful molestation of your property.
    B) If a bad guy unlawfully has control of your land or other property, you can shoot him if you reasonably believe deadly force is necessary to either reenter the land or to recover the property. Keep in mind you must do this immediately after the crime occurred. In other words, if you see someone stealing your car or driving away immediately after stealing your car, you can use whatever force necessary to recover your property. If you see the bad guy a few days later in your stolen car, you cannot shoot. You must call the police and let them handle it. Sorry…it’s the law.
    1) Don’t shoot the repo man! You will go to jail.

    Texas Penal Code: Chapter 9: Section 42
    DEADLY FORCE TO PROTECT (SOMEONE ELSE’S) PROPERTY
    A) You can shoot a bad guy to protect someone else’s land or movable property:
    1) If you would be justified under Chapter 9 Section 41, and
    2) You believe that deadly force is necessary to prevent a bad guy from committing arson, burglary, robbery, theft during the night, or criminal mischief during the night. You can also shoot if the bad guy is fleeing after committing one of the above crimes. Keep in mind that you can only shoot if the property cannot be recovered or protected by any other means, and if you used some force other than deadly force, you would be putting yourself in an unacceptable amount of danger.

    Texas Penal Code: Chapter 9: Section 43
    PROTECTION OF A THIRD PERSONS PROPERTY
    (This section seems to be an unnecessary repeat of section 42. The person who wrote these laws apparently enjoys the sound of their own typing. Maybe I just don’t understand the difference between the protection of someone else’s property and the protection of a third person’s property. Seems to be the same thing to me.)

    The rest of chapter nine deals with deadly force if you are a member of law enforcement or a prison guard. I am neither, so I am going to skip it. If you are a member of law enforcement, I hope you have someone more qualified than me to interpret law for you.

    This concludes the Texas laws concerning use of force. There is one section at the end that I will include though because I think it is good to know.

    Texas Penal Code: Chapter 9: Section 43
    PARENT-CHILD
    A) The use of force (not deadly force) against a child under the age of 18 years is justified if:
    1) You are the child’s parent, step-parent, or you are taking care of the child at the parent’s or the court’s direction.
    2) You reasonably believe the force is necessary to discipline the child, safeguard the child or to promote the child’s welfare.

    Well, I guess that’s it. Hope it helped you to understand the law regarding the use of deadly force.
    I know it helped me sort it all out. They certainly don’t write this stuff so that it is easy to understand. Oh yeah, just in case you missed it: Please note I am not a lawyer and I am not qualified except by my own understanding of the English language and common sense to translate “legalese”. I also am not licensed by the State of Texas to Revise the Penal Code (Duh!). This is not intended to be a replacement for the penal code handbook and it is for entertainment purposes only. In a court of law you will be held responsible for the laws as listed in the penal code handbook, not my interpretations. Before reading this, understand I am not legal council and I may be entirely wrong in my interpretation. If you choose to accept my interpretation, you do so entirely at your own risk. This is just my best guess, not the law. Anything I wrote in parentheses is purely my opinion. Just wanted to make sure you didn’t miss it. : ) This may only be reproduced in its entirety( parts 1 &2) with the preceding warning attached.

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    rkbartley's Avatar
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    Good job Decline. I have often thought a law degree would would be helpful in reading the penal code.

    rkb
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    ASD Senior Member texengineer's Avatar
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    Thanks, Decline! I was carrying in Texas last week (which is a lot more difficult to do than carrying in Arizona by the way..) and this information would have been very useful. You forgot about the places that you're not allowed to carry though. That was the bit of information that I needed most...
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  4. #4
    ASD Senior Member Decline's Avatar
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    Quote Originally Posted by texengineer View Post
    Thanks, Decline! I was carrying in Texas last week (which is a lot more difficult to do than carrying in Arizona by the way..) and this information would have been very useful. You forgot about the places that you're not allowed to carry though. That was the bit of information that I needed most...
    Your welcome.

    There is a lot in the penal code I didn't cover, I was only concentrating on lawful use of force to answer the question of when it is ok to shoot and when not since that was the question being asked of me at the time.

    I may do another (shorter) one on places you can carry and what signage is required to legally prohibit carry etc.

  5. The Following 2 Users Say Thank You to Decline For This Useful Post:

    rkbartley (10-14-2010), shibmaster (04-11-2011)

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    ASD Member shibmaster's Avatar
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    I know I am late, but that is awesome Decline!! Very well put together. If you ever do end up writing up one for places you are allowed to carry that would be great!

    -Zach

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    ASD Member dglockster's Avatar
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    Icon14

    Thanks for a great post.

    I would also like to see your take on places not to carry.

    A point of general confusion seems to be the word "premises." When carry is prohibited on the premises of (fill in the blank), does it include just buildings or the entire grounds including parking lots?

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    ASD Member dglockster's Avatar
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    Forgot to mention:

    Please consider doing a similar article on the new gun laws - whatever they may be - that will be passed by the current legislature and which will go into effect on September 1, 2015.

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