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by Kythas
Sat Nov 03, 2012 9:33 am
Forum: General Texas CHL Discussion
Topic: Can You Shoot to Protect Property in TEXAS
Replies: 120
Views: 56546

Re: Can You Shoot to Protect Property in TEXAS

What I haven't seen in this discussion is the emphasis on " theft during the nighttime":
§ 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; 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.
To me, this makes it pretty clear that deadly force to prevent a theft or criminal mischief is only legal at night, which is defined in Texas law as 30 minutes after sunset to 30 minutes before sunrise.

So the answer to the OP's original question is "Yes, but only at night".

If this has, in fact, been mentioned in this thread then I missed it and I apologize.
by Kythas
Fri Oct 14, 2011 8:02 am
Forum: General Texas CHL Discussion
Topic: Can You Shoot to Protect Property in TEXAS
Replies: 120
Views: 56546

Re: Can You Shoot to Protect Property in TEXAS

40khammer wrote:You are correct. I made the mistake of assuming the subject was carrying in public. On your own property you can walk around with whatever weapon you're legally aloud to own if you want to. However, pointing it at somebody would be considered a use of deadly force and thus would only be justified if the use of deadly force was authorized.

No matter where you're at pointing a weapon at somebody is a use of deadly force.
I'm not quite sure. The statute clearly states that while the threat of deadly force is only justified when the use of deadly force would also be justified, the threat of deadly force in and of itself is not considered deadly force as long as your intent is limited to making the other person believe you're willing to use deadly force if necessary.
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
If you pull the trigger then that is use of deadly force no matter where you're aiming or where you hit - really, even IF you hit. Pulling the trigger itself constitutes the act of use of deadly force whether or not you hit your target.
by Kythas
Thu Oct 13, 2011 8:00 pm
Forum: General Texas CHL Discussion
Topic: Can You Shoot to Protect Property in TEXAS
Replies: 120
Views: 56546

Re: Can You Shoot to Protect Property in TEXAS

I'm seeing a lot of answers on here and none that are really correct.

I would assume what you're asking is regarding theft. If you saw someone trying to steal your truck while you're not in it, or even taking stuff out of the back of your truck, that is theft. Robbery is different and has a different definition.

So it really depends on the situation. If someone walks up to you and says "Give me your wallet" then that's a robbery and deadly force is legal in Texas at all times.

If someone's stealing the tools out of the back of your truck, you may use deadly force in Texas only if the theft is occurring at night AND if you reasonably believe you cannot recover the property by any other means. Note that the law says "recover" and not "replace".

Also, "nighttime" also has a legal definition. It is the period 30 minutes after sunset to 30 minutes before sunrise.
§ 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; 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.

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