TexasCHLforum.com

Charles L. Cotton wrote: ↑Wed Jun 02, 2021 8:58 pm

Tex. Penal Code §9.02 wrote: Sec. 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; or
      
      (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
    (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.

I'm not saying shooting through a door is always a good policy, but it can be fact-specific. A relevant section of the Penal Code is set out above.

Chas.

Thanks for that Chas. It looks pretty clear to me. While there could be mitigating facts, the legal presumption is that it is reasonable to use force in such a situation.

I think this is the right policy in any event. Why would I have to wait until the door was open if I thought I was already in reasonable fear for my life? Further, shooting through the door may be better in some cases (less danger to the person inside--which is what matters, and possibly better for the person being shot...they can still run, more likelihood of a miss, etc.).