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by Barbi Q
Sun Apr 17, 2011 3:53 pm
Forum: General Texas CHL Discussion
Topic: Property Defense in West TX Question
Replies: 64
Views: 8468

Re: Property Defense in West TX Question

baldeagle wrote:Are you certain of this? Sec. 9.41 states that it is lawful to use force to prevent or terminate trespass. Sec. 9.42 says it is lawful to use deadly force to protect land under certain conditions. If someone has taken possession of his cabin, refuses to leave and presents a deadly threat to him, wouldn't he be justified in using deadly force to regain possession of his cabin?
He said it was a different story for burglars.

Trespass is people on his land without his consent. They could be illegals. They could be locals hunting on his land without his permission. In the suburbs, it could be the neighbor's kid coming into your yard to get her soccer ball.

Normal citizens can't legally use deadly force for someone simply walking across their land, even if there's a sign that says trespassers will be shot on sight.

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