Castle Doctrines

[JoetheGI]

Neither of those are true.

/shrug

We'll have to agree to disagree.

TX P.C. 9.04 THREATS AS JUSTIFIABLE FORCE The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

While I'm no lawyer, this code, P.C. 9.31 and 9.32, pretty clearly states that my wife doesn't have to go hand to hand with a hostile gorilla trying to drag her out of her car in a parking lot when she is in fear of imminent death or serious injury. She can threaten said gorilla with deadly force to stop his attack, and if he stops and runs off, all is good. Barring that, she can use deadly force to stop his attack.

Here's an example of the wording in our Penal Code regarding NO retreat requirement:

A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

G'bless Texas.

[txinvestigator1]

/shrug

We'll have to agree to disagree.



While I'm no lawyer, this code, P.C. 9.31 and 9.32, pretty clearly states that my wife doesn't have to go hand to hand with a hostile gorilla trying to drag her out of her car in a parking lot when she is in fear of imminent death or serious injury.

You are correct, but that is NOT what you wrote earlier. You wrote that deadly force could be used against FORCE, and that is not true. FORCE and DEADLY FORCE have different meanings, and Deadly Force is only justified in specific circumstances.

Deadly is justified ONLY to protect yourself from the others use or attempted use of unlawful deadly force, or to prevent the imminent commission of Sexual Assault, Aggravated Sexual Assault, Robbery, aggravated Robbery, Aggravagted kidnapping and murder.

Here's an example of the wording in our Penal Code regarding NO retreat requirement:

I believe that is what I wrote.

BTW, I am Texas Department of Public Safety trained and certified Concealed Handgun License Instructor as well as a DPS certified Classroom and Firearms instructor for the Private Security Bureau. I also hold a TCLEOSE instructor's certification.

Be safe ;)

[MikeG]

I thought Texas had the "my neighbor told be to watch his house and these two punks just robbed it so I'm going to shoot them in the back as they run away while the detective watches while waiting for backup" doctrine?

That is not exactly how it happened. When Joe Horn ( the man who defended his neighbor's property) went outside, the two burglars turned on him, one with a crow bar.

I don't recall the details but I think the detective reported he saw Horn shoot them in the back. To his credit, the detective didn't arrest Horn. I don't think there are many places where he wouldn't have been arrested as the detective witnessed it and "shot in the back" were his words.

BTW, the two dead guys were both illegal aliens with ties to some of the drug cartels I think and long criminal histories. They were originally misidentified because of their fake IDs. They would not have hesitated to kill Horn for a nickel. I thiink they were destined to end dead either in a fight with LE or someone like Horn. Ends don't justify the means but the ends turned pretty good with only dead bad guys and no injuries.

[RoadkillStewie]

I don't recall the details but I think the detective reported he saw Horn shoot them in the back. To his credit, the detective didn't arrest Horn. I don't think there are many places where he wouldn't have been arrested as the detective witnessed it and "shot in the back" were his words.

One was shot in the back... essence of the incident was he went outside to observe. When he announced he was going out, he saw them leaving the neighbors house. Upon going outside, they were either on his property or moved onto his property. The report stated at least one of the men moved towards Horn after being told to stop/freeze. I want to say I think they both moved in general toward him but the one turned when the first shot was fired.

There were both illegal aliens, one of which had already been deported. There was a lot of local chatter about, most of which ignored a few facts.

[G35 Mass]

Remarkably, Massachusetts does. We're likely the second most gun-unfriendly state but about thirty years ago we got a good law.

MGL c 278 s 8a

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.