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by srothstein
Fri Jul 17, 2009 12:44 am
Forum: General Texas CHL Discussion
Topic: Shot in home.
Replies: 51
Views: 7649

Re: Shot in home.

ELB just beat me to the Penal Code section, but I had a different point to look at than he did. He is correct about the unlawful definition too (for example a cop with a warrant could be using force but that is not justification for the homeowner's shooting them).

The whole question to answer is what constitutes "with force". The Penal Code defines deadly force, but not force. Is it force to open a door by turning a knob? I really don't know. Most of the courses I have seen since this passed believed that this implied any physical force, but some did think it would require what used to be called "forced entry", such as breaking a window or using a prybar on a lock.

from the news reports so far, I think the police are going with the unlawful entry and not worrying about the amount of force used to enter. I think this is also the general public's opinion on the matter, at least in Texas.

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