In Texas, when can I use deadly force to protect my Property?

Under Section 9.42 of the Texas Penal Code, a person is justified in using deadly force against another to protect land or tangible, movable property:

(1) If he is justified in using force against the other under Section 9.41 (force to protect one’s personal property); 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.

See Texas Penal Code 9.42 Deadly Force to Protect Property

In Texas, when can I use deadly force to protect another person’s property?

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 (use of force to protect one’s personal property), or 9.42 (Deadly force to protect property), and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person’s land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.

See Texas Penal Code 9.43 Protection of Third Person’s Property

Finally, I would advise anyone contemplating the use of a firearm for personal protection to invest in firearms safety and training courses, and to obtain a license to carry a firearm if they are eligible.

IMPORTANT things to remember about Texas firearms law

• You do not need a permit to own a firearm or to keep a firearm on property that you own.
• Without a permit, you may carry a concealed or open-carry firearm while on property that you own.
• You do not need a license to carry a loaded firearm in your vehicle, so long as the weapon is not on your person, and is not in plain view (basically, if you carry a weapon in a vehicle, keep it in a closed container like the center console or the glove compartment).
• To carry a firearm concealed on your person, or open carried in a holster, you must have a license to carry a firearm.  If you carry a loaded weapon on your person you can be charged with Unlawful Carry of a weapon, a Class A Misdemeanor punishable by up to 1-year in County Jail and a $4,000 fine.
• If you have been convicted of a felony, there is a discrepancy with Federal law and Texas Law when it comes to your right to own a firearm.
  • Under Federal law, you lose your right to own a firearm indefinitely if you are convicted of a felony.
  • Under Texas law, 5-years after completing probation, parole, or being released from prison you may own a firearm, but ONLY at your residence.
• If you plead guilty to an assault involving family violence, Federal law treats this as a conviction, even if you are not convicted in court, and you will not be permitted to buy a firearm with a Federal background check.
• In Texas you may purchase a firearm in a private transaction with an individual without a Gun Dealers license, so long as the buyer proves they are a Texas resident.  No records are required to be kept, but I would suggest keeping records in a safe place anytime you engage in a private gun transaction.

CHARGED WITH A WEAPON OFFENSE?

A case in California will test the limitations of self defense and defense of property under State law as prosecutors decide whether criminal charges will be filed against 80 year-old Tom Greer.  Greer’s home was burglarized by two suspects he claims had burglarized his home on three prior ocassions before when he managed to retrieve his gun and shoot at the two suspects as they fled.

Despite his injuries, Greer managed to grab his gun and fire at the suspects, causing them to flee through the garage and into the alley, police said.

Greer reportedly said that as the suspects ran into the alley, Miller yelled, “‘Don’t shoot me, I’m pregnant! I’m going to have a baby!’ and I shot her anyway.”

The woman was not pregnant according to the Los Angeles County Coroner’s Office.

Had this all taken  place during the fact to face confrontation within the home, even under  California law there would be little question whether or not he had a right to shoot the two intruders dead in their tracks.  Reports show that the two roughed up the poor old guy pretty good, leaving him bruised, bloodied and with a broken collarbone.

My opinion as an attorney and my personal opinion on the matter diverge a little.  As an attorney, in regard to the law of the State of California and defense of property (even defense of ones home), he may not be in a good position.

In California you must be presented with imminent danger that rises to the level of deadly force to defend yourself.  Contrast that with Texas, where you can defend your property with deadly force i circumstances such as this (anyone remember the guy that killed the fleeing burglar of his neighbors house in Pasadena a few years back?).

On a personal level I think: good riddance.  This guy deserves a medal.  Too bad he didn’t take out the other piece of human garbage that led the scene and was later apprehended as well.

Arrested for Assault?

Were you attacked and had to defend yourself?