Property Defense in West TX Question

[speedsix]

...I'm from a tiny town called Rew just outside of Bradford...glad to be a Texan since 84...did 20 before that in La. and got out on good behavior(Mama don't believe me) and I reckon I'll die in Tx...someday...don't miss the snow and cold one little bit...
...your solar panel will prolly end up powering a "mobile" coffemaker...but you can try...

[KaiserB]

I have property over in Jeff Davis County... and I plan on having a 16 x 16 building Weekender Rancher (by homedepot) put upon it for a vacation retreat.. (see picture of design).. this will be about 60 yards from the road and in plain view from the road.

RanchTuff.jpg

...

I plan on covering the windows with wood and such as to prevent entry without some force on the intruders part..

I also plan on putting up a stringer type of fence and NO TRESPASSING SIGNS in both English and Spanish..

'
You may want to follow the provisions in PC 30.05 for posting property

(a) A person commits an offense
if the person enters or remains on or in property of another, including
residential land, agricultural land, a recreational vehicle park, a
building, or an aircraft or other vehicle, without effective consent and
the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

(2) "Notice" means:
(A) oral or written communication by the owner or someone
with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude
intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to
the building, reasonably likely to come to the attention of intruders,
indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or
posts on the property, provided that the marks are:
(E) the visible presence on the property of a crop grown for
human consumption that is under cultivation, in the process of being
harvested, or marketable if harvested at the time of entry.

The Question:

If I were to fly out (for my vacation) and drive out to it, and have a TX (or in my case my PA CCP).. and find someone on my property, in the building, or in general trespassing can I legally defend MY PROPERTY??

Want a little clarification...

The use of force to defend your property would be based on the circumstances of the incident. A good reference would be PC 9.41 / PC 9.42

[KaiserB]

not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.

There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.

Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);

[YWHIC]

thank you..

& again.. I won't be there for 3 years..

My PA permit expires in 2012 and will be renewed here (for another 5 years)..

Once I get to TX (in 2013-2014) and settled in, I will then get my TX DL and TX CHL.

More than likely I will get a TX mailbox in Van Horn (all I need is my deed. tax bill, and another ID)..

[Shoot Straight]

& again.. I won't be there for 3 years..

My PA permit expires in 2012 and will be renewed here (for another 5 years)..

What does a renewal cost in Pennsylvania?

[Jumping Frog]

not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.

There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.

Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);

Not if you intend to establish residency here. Texas issues non-resident CHL's.

GC §411.173. NONRESIDENT LICENSE. (a) The department by
rule shall establish a procedure for a person who meets the eligibility
requirements of this subchapter other than the residency requirement
established by Section 411.172(a)(1) to obtain a license under this
subchapter if the person is a legal resident of a state another state
or if the person relocates to this state with the intent to establish residency
in this state.

No need to wait six months.

He could get one now if he wants. Of course, he doesn't need to get one since he has a PA license.

What does a renewal cost in Pennsylvania?

I only paid $25 for my original PA license, so they sure aren't expensive.

[YWHIC]

It varies by the county..

My original in Centre County was $26.. was paper with NO PHOTO..

The one I got from Bucks County has a photo and was $46.. and has the contact phone number on the front..

[WildBill]

Deleted See Posts Below:

[KaiserB]

not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.

There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.

Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);

This section was deleted from the law.

When was this deleted and by which law or order?

It is in the current CHL 16 and listed here: http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;

[hirundo82]

not planning on shooting anyone for simple tresspass.. but I intend on getting a TX CHL as soon as I become a resident.. I will check up on the TX code you mentioned.. thank you for the info.

There is no minimum time limit for living in Texas. As long as you have a TX DL and plan to live in Texas, that is enough to get your Texas CHL.

Actually you have to live here 6 months:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);

This section was deleted from the law.

When was this deleted and by which law or order?

It is in the current CHL 16 and listed here: http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;

It wasn't removed from the law, but the 6-month requirement is made moot by GC §411.173:

Sec. 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.

[WildBill]

I was just about to post this. Thanks for the correction.

"§ 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state."

[KaiserB]

I was just about to post this. Thanks for the correction.

"§ 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state."

Good point, I had not looked at the requirements that way and although IANAL I usually catch those things. Thanks for the info

[PUCKER]

Just a thought, for a secure dwelling, you might want to consider a shipping cargo container with a high-end padlock or two. A crowbar may be able to defeat it, but I don't know. It would require alot of tools/time to get open, the downside is that it could be locked from the outside when you are on the inside. Of course, you could make an escape hatch on the roof/top, with a ladder. Just throwing that out there. I know that some folks have built HOMES out of cargo containers. They are quite sturdy...and don't burn!

BTW - it really is a sad state of affairs that this discussion has to take place.

[WildBill]

Just a thought, for a secure dwelling, you might want to consider a shipping cargo container with a high-end padlock or two. A crowbar may be able to defeat it, but I don't know. It would require alot of tools/time to get open, the downside is that it could be locked from the outside when you are on the inside. Of course, you could make an escape hatch on the roof/top, with a ladder. Just throwing that out there. I know that some folks have built HOMES out of cargo containers. They are quite sturdy...and don't burn!

BTW - it really is a sad state of affairs that this discussion has to take place.

It's probably worse now, especially near the border, but this has been a problem for a long time. Many people with vacant vacation properties have experienced break ins when they are not in use. Still it is sad.

[03Lightningrocks]

Just a thought, for a secure dwelling, you might want to consider a shipping cargo container with a high-end padlock or two. A crowbar may be able to defeat it, but I don't know. It would require a lot of tools/time to get open, the downside is that it could be locked from the outside when you are on the inside. Of course, you could make an escape hatch on the roof/top, with a ladder. Just throwing that out there. I know that some folks have built HOMES out of cargo containers. They are quite sturdy...and don't burn!

BTW - it really is a sad state of affairs that this discussion has to take place.

It's probably worse now, especially near the border, but this has been a problem for a long time. Many people with vacant vacation properties have experienced break ins when they are not in use. Still it is sad.

This happens all over the place....not just Texas and not just along the border. My ex in-laws had a place in East Texas years ago. The place would get hit once or twice a year. It was locals doing the crime out there. Many vacation spots in that area got hit all the time. We have had deer leases where folks would steal feeders, stands and anything else that was not nailed down. Again, I suspect locals. In most cases it seemed like the illegals would sleep, make some food or something and move on. They might grab a sleeping bag or blankets, but not much else. It is hard to cart off big items when you don't have a vehicle.

The time to be concerned is when spending time out there. I would definitely keep lots of lights on around the perimeter so they know it is occupied.