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by atxscubasteve
Mon Aug 24, 2015 5:21 pm
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10183

Re: Is shooting through your front door legal in Texas

In one word.....NO, of course not.
Please do explain....
by atxscubasteve
Mon Aug 24, 2015 5:08 pm
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10183

Re: Is shooting through your front door legal in Texas

You're O.K. if you can convince the jury that you didn't know your wife had ordered the pizza. Put enough lead in the Domino's driver, and HE won't be able to testify against you.
EXACTLY! :iagree:
by atxscubasteve
Mon Aug 24, 2015 5:03 pm
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10183

Re: Is shooting through your front door legal in Texas

Javier730 wrote:From chapter 9 of the Texas Penal Code
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

I hope that helps.
9.31 describes defense in using only "force" not "deadly force." 9.32 describes defense using "deadly force"
by atxscubasteve
Mon Aug 24, 2015 4:57 pm
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10183

Re: Is shooting through your front door legal in Texas

PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified
in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section
9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is
immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful
deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping,
murder, sexual assault, aggravated sexual assault, robbery, or aggravated
robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was
immediately necessary as described by that subdivision is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly
force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully
and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
(B) unlawfully and with force removed, or was attempting to remove
unlawfully and with force, the actor from the actor’s habitation, vehicle, or
place of business or employment;
If you can articulate the highlighted sections to a jury of your peers you are A-OKAY. So yes, you are protected, but it would depend on what the perp is actually doing and the force he is using. It also may depend if you are a single woman with kids in the house....all these factors the jury will hear about. But if he is breaking or attempting to break into your car or house or place of work, you are legally allowed to use deadly force.

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