Is shooting through your front door legal in Texas

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lildave40
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Is shooting through your front door legal in Texas

#1

Post by lildave40 »

This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.

atxscubasteve
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Re: Is shooting through your front door legal in Texas

#2

Post by atxscubasteve »

PC §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;
If you can articulate the highlighted sections to a jury of your peers you are A-OKAY. So yes, you are protected, but it would depend on what the perp is actually doing and the force he is using. It also may depend if you are a single woman with kids in the house....all these factors the jury will hear about. But if he is breaking or attempting to break into your car or house or place of work, you are legally allowed to use deadly force.
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Javier730
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Re: Is shooting through your front door legal in Texas

#3

Post by Javier730 »

From chapter 9 of the Texas Penal Code
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the 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;

I hope that helps.
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Vol Texan
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Re: Is shooting through your front door legal in Texas

#4

Post by Vol Texan »

lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
Is it legal? Sure...if you were in fear for your life, and you felt you had no other option.

I personally would not do so. You never really know that you're going to hit the target you want to hit. What if he's standing to the side, and your bullet goes right by him, across the street, into the neighbor's kid's room?

I would like to think that I'd be in a covered and concealed position, inside the door, ready to unload on him as he enters the house. But every situation is different, and I'd be reluctant to pass judgment on someone who did otherwise without knowing all the facts of their situation.
Your best option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.

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atxscubasteve
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Re: Is shooting through your front door legal in Texas

#5

Post by atxscubasteve »

Javier730 wrote:From chapter 9 of the Texas Penal Code
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the 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;

I hope that helps.
9.31 describes defense in using only "force" not "deadly force." 9.32 describes defense using "deadly force"
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R DAVIS
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Re: Is shooting through your front door legal in Texas

#6

Post by R DAVIS »

atxscubasteve wrote:
PC §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;
If you can articulate the highlighted sections to a jury of your peers you are A-OKAY. So yes, you are protected, but it would depend on what the perp is actually doing and the force he is using. It also may depend if you are a single woman with kids in the house....all these factors the jury will hear about. But if he is breaking or attempting to break into your car or house or place of work, you are legally allowed to use deadly force.
You're O.K. if you can convince the jury that you didn't know your wife had ordered the pizza. Put enough lead in the Domino's driver, and HE won't be able to testify against you. Go ahead and shoot through it. After all, it IS YOUR door.

atxscubasteve
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Re: Is shooting through your front door legal in Texas

#7

Post by atxscubasteve »

You're O.K. if you can convince the jury that you didn't know your wife had ordered the pizza. Put enough lead in the Domino's driver, and HE won't be able to testify against you.
EXACTLY! :iagree:
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joe817
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Re: Is shooting through your front door legal in Texas

#8

Post by joe817 »

lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
In one word.....NO, of course not.
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atxscubasteve
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Re: Is shooting through your front door legal in Texas

#9

Post by atxscubasteve »

In one word.....NO, of course not.
Please do explain....
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2farnorth
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Re: Is shooting through your front door legal in Texas

#10

Post by 2farnorth »

lildave40 wrote:This is just a question. I looked through the forum and could not get a solid answer. If someone is at my front door bangning on it really hard kicking as if he wants to get inside. Do I have a right to shoot through the door? nothing happened I am just curios if your protected under the castle law doing that.
If it sounds like they are kicking the door in and haven't announced "police search warrant"..etc. you MIGHT be okay. If they are just banging/knocking on the door persistently without identifying themselves or their purpose, then call 911 , position yourself and family in secure/defensive positions. IMHO Never shoot until you can identify that there is a real threat. Once you pull the trigger you can't "un-pull" it.
N5PNZ

EEllis
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Re: Is shooting through your front door legal in Texas

#11

Post by EEllis »

Come on! It just isn't yes or no. The best and most accurate answer has got to be "It depends". Under some limited circumstances articulated properly you might get away with shooting thru a door but you would likely be charged and tried so generally speaking no you cannot shoot thru a door.

Taypo
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Re: Is shooting through your front door legal in Texas

#12

Post by Taypo »

I suppose just about anything is legal if you've got a good enough lawyer. Whether or not it's a good idea is a completely different thing altogether...
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ScottDLS
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Re: Is shooting through your front door legal in Texas

#13

Post by ScottDLS »

VP Joe Biden says you SHOULD. With your double barrel shotgun, which is all you need for defense. Not a handgun or assault weapon. :shock:
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Javier730
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Re: Is shooting through your front door legal in Texas

#14

Post by Javier730 »

Taypo wrote:I suppose just about anything is legal if you've got a good enough lawyer. Whether or not it's a good idea is a completely different thing altogether...
:iagree:
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R DAVIS
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Re: Is shooting through your front door legal in Texas

#15

Post by R DAVIS »

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Last edited by R DAVIS on Mon Aug 24, 2015 6:53 pm, edited 1 time in total.
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