TexasCHLforum.com

ScottDLS wrote:You can use deadly force against someone trying to commit suicide...

No. You can not, legally.

tex

Solsand wrote:Scenario is this- LTC holder walks out of a local business (where carry is allowed) to find a man breaking into their vehicle. Holder legally allowed to pull their weapon to stop this crime in progress? Or to shoot if they refuse to comply?

What about same exact scenario in your home driveway?

In the parking lot...prior to the theft being consummated..."when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property." 9.41

to use deadly force in the parking lot prior to the theft being consummated...

(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (note that burglary is different from burglary of a vehicle under Texa PC 30.03...this statute refers to burglary...also the theft trigger must be in the nighttime not daytime)
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the night¬time from escaping with the property; and (Note that this is after the consummation of the crime)
(3) he reasonably believes (this is an incredibly important ingredient) that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

As to pulling the gun and pointing it at the perp 46.035 states..."(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that
the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9."

So assuming your situation meets the requirements of 9.41 or 9.42, which only you can determine as it relates to immediate necessity and reasonable belief, you may display your gun without violating the intentional display rule.

As to shooting them if they refuse to comply with a command by you to stop...you must "...REASONABLY BELIEVE that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.[/u]

That's a substantial burden on you to defend in a trial!

As to the same scenario in your own driveway...since the crime is not against your occupied vehicle, which would legally impute reasonableness to your belief of immediate necessity as per 9.32 the controlling statute would be 9.41 and 9.42 making the two scenarios the same.

tex