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by R DAVIS
Wed Aug 26, 2015 10:18 am
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10152

Re: Is shooting through your front door legal in Texas

android wrote:
R DAVIS wrote: 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. Go ahead and shoot through it. After all, it IS YOUR door.

Some of the hyperbole here is really over the top.

I have NEVER, NEVER in 20 years of being a home owner had any pizza delivery guy beating on and attempting to kick down my door. They ring the bell and wait patiently for me to open the door.

And to add, no door to door candy bar salesman, no Girl Scouts, no Jehovah's Witness, no Clean Water Petition hippies, neighbors or friends or anyone else for that matter has ever tried to kick in my door. Somebody trying to kick in my door is up to no good, really.

I'm not saying I'd take a shot through the door. I'm just saying it's NOT the pizza guy.
Golly Mr. Know It All, I guess you weren't around when my neighbor had his door almost kicked in by a Dominos driver (hence the reference), who was being attacked by a big vicious dog running loose in the neighborhood. Fortunately, my neighbor was wise enough to check out the situation. He didn't shoot through the door, but he DID dispatch the dog, which likely saved the drivers life. The driver ended up with about 50 stitches from the dog bites. I guess he is lucky it didn't happen at your house.

After all, " Somebody trying to kick in my door is up to no good, really." --- RIGHT ?
by R DAVIS
Mon Aug 24, 2015 5:05 pm
Forum: General Texas CHL Discussion
Topic: Is shooting through your front door legal in Texas
Replies: 57
Views: 10152

Re: Is shooting through your front door legal in Texas

atxscubasteve wrote:
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.
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. Go ahead and shoot through it. After all, it IS YOUR door.

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