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by propellerhead
Sat Sep 01, 2007 9:22 pm
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6643

Re: Back on the Duy to Retreat in the meantime...

John R. Fuller wrote:This is something of interest to me. Wouln't one try to get away from any type of deadly situation if it is at all possible?
The new law doesn't say "Don't retreat". It says you do not *have to* retreat and be cornered before you can reasonably use force. It says the use of force is presumed reasonable if the conditions are met, without having to retreat.
by propellerhead
Thu Aug 30, 2007 3:28 pm
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6643

frankie_the_yankee wrote:Because shooting would not be a reasonable response in that situation.

I think things were very well explained in the other thread. The rest is just word games, selecting from among multiple meanings that most words have to arrive at a nonsensical example or ignoring proper/intended context.

Again, I refer you to APD Chief Acevedo's comments quoted in the other thread. Taken in context, the meaning is very clear.
Yes, things were very well explained in the other thread. Fear is not justification to use deadly force.
by propellerhead
Thu Aug 30, 2007 2:23 pm
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6643

The real world explanation I got was:

it takes force to open a door, even if it was left unlocked

it takes no force to walk through an open door

You don't need to show a busted door to say entry was forced. You could've been standing at the door with the door open six inches and the door was pushed open.
by propellerhead
Thu Aug 30, 2007 1:34 pm
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6643

txinvestigator wrote:NO, no no. Being in fear of your life means nothing. (didn't we JUST have a thread about it?)
As Charles put it during the seminar... I am in fear of my life whenever my sister in law is driving my car and I'm a passenger. But that doesn't give me the right to shoot her. Not those words but something along that line.

By the way, Charles already did this in another thread.
Charles L. Cotton wrote:Okay folks, here's a stab at a short summary of the Castle Doctrine.

Duty to Retreat
There will be no duty to retreat before using deadly force if:
  • 1) You are legally where you are when deadly force is used;
    2) You did not provoke the person against whom deadly force was used;
    3) You were not engaged in criminal activity at the time deadly force was used.
Presumption
A person is presumed to have reasonably believed that deadly force was immediately necessary if:

1) You knew or had reason to believe that:
  • a) The person had entered or attempted to enter your home, business or car and did so unlawfully and with force;

    b) The person removed you, or attempted to remove you, from your home, business or car and did so unlawfully and with force; or

    c) The person was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
2) You did not provoke the person; and

3) You were not committing any crime, other than a Class C misdemeanor involving traffic violations.

"Immunity" from civil liability.

You can be sued, but you will win and probably early in the case.

Chas.

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