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by Frost
Wed Jul 04, 2007 10:58 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Ft.Worth CHL Holder Shoots Robbery Suspect
Replies: 74
Views: 11330

Renegade wrote:Texas law allows you to use deadly force to prevent the perp from fleeing, not that that is what happened, I imagine the perp was threatening deadly force as he was fleeing....

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(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;
[blue] or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes 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.
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another 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.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.

Does not appear to apply to protecting someone else's property. IANAL ext.
by Frost
Wed Jul 04, 2007 9:39 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Ft.Worth CHL Holder Shoots Robbery Suspect
Replies: 74
Views: 11330

Remember that the media constantly gets these stories wrong. He may have actually been shot in the backside while he was threatening one of his family members inside the store before running away for all we know.

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