That's how I understood it.Hoi Polloi wrote:The way I understood it, once the aggressor stopped and appeared to be getting out of his vehicle, the OP had his hand on his holstered gun. The aggressor decided to leave and the gun remained in the holster. The OP would have drawn and fired if the aggressor came through the OP's window or door. Did I misunderstand?
My understanding of the Castle Doctrine is that deadly force is justified if a person enters, or attempts to enter, your vehicle unlawfully and with force, or removes or attempts to remove you from your vehicle unlawfully and with force.
So, according to this, deadly force is not justified unless and until the guy would have opened or attempted to open the car door, or possibly even reach through the window. I would say if he were banging on a closed window that would also qualify, as I would take that as him attempting to enter, unlawfully and with force.SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:
(4) “Habitation” has the meaning assigned by Section 30.01.
(5) “Vehicle” has the meaning assigned by Section 30.01.
SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] 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;
(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; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(e) 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.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.