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  • I love Texas Laws

    Texas signs new self-defense by gun law By Ed Stoddard
    Tue Mar 27, 3:42 PM ET



    Criminals in Texas beware: if you threaten someone in their car or office, the citizens of this state where guns are ubiquitous have the right to shoot you dead.

    Governor Rick Perry's office said on Tuesday that he had signed a new law that expands Texans' existing right to use deadly force to defend themselves "without retreat" in their homes, cars and workplaces.

    "The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature," Perry said on his Web site.

    The new law, which takes affect on September 1, extends an exception to a statute that required a person to retreat in the face of a criminal attack. The exception was in the case of an intruder unlawfully entering a person's home.

    The law extends a person's right to stand their ground beyond the home to vehicles and workplaces, allowing the reasonable use of deadly force, the governor's office said.

    The reasonable use of lethal force will be allowed if an intruder is:

    - Committing certain violent crimes, such as murder or sexual assault, or is attempting to commit such crimes

    - Unlawfully trying to enter a protected place

    - Unlawfully trying to remove a person from a protected place.

    The law also provides civil immunity for a person who lawfully slays an intruder or attacker in such situations.

    Texas joins several other states including Florida that have or are considering similar laws.

    Sympathy for violent offenders and criminals in general runs low in Texas, underscored by its busy death row. The state leads the United States in executions with 388 since the death penalty was reinstated in 1976 by the U.S. Supreme Court.

    A conservative political outlook and widespread fondness for hunting also means Texans are a well-armed people capable of defending themselves with deadly force.

    It is easy to acquire guns over the counter in Texas and lawful to carry a concealed handgun with a permit.
    Rule #1 - If it doesn't change supper it's not worth the worry.
    Rule #10 - YOU ARE NOW THE MINORITY. This country is no longer the one your parents knew. You will not be able to understand it. You will not be able to change it. You must learn to live with it.

  • #2
    What is the definition of "protected place"? Does it go beyond your home vehicle and workplace? And the same for workplace...Is it anyones workplace or your own workplace? Just making sure I understand this completely.

    Comment


    • #3
      "The law also provides civil immunity for a person who lawfully slays an intruder or attacker in such situations"

      FAN-FREAK'N-TASTIC!!!!
      J. Wise

      AR-15 - AK-47 - NFA Trusts - My Pick - Carry Guns - 1911s

      "Some say you can tell how the world stands by the prices of AK-47s...." Chit2001

      Any comments contained herein regarding the legality of firearms, or the application of law, are strictly applicable to Texas. If you live in CA, NY, IL, MA, D.C., etc., the above comments will probably shock you, and should be read for educational purposes only. Most likely nothing I write will apply to you.

      sigpic

      Comment


      • #4
        Originally posted by RGreen454ss
        What is the definition of "protected place"? Does it go beyond your home vehicle and workplace? And the same for workplace...Is it anyones workplace or your own workplace? Just making sure I understand this completely.
        Probably was written for "Stop-n-Rob" convenience store clerks.
        J. Wise

        AR-15 - AK-47 - NFA Trusts - My Pick - Carry Guns - 1911s

        "Some say you can tell how the world stands by the prices of AK-47s...." Chit2001

        Any comments contained herein regarding the legality of firearms, or the application of law, are strictly applicable to Texas. If you live in CA, NY, IL, MA, D.C., etc., the above comments will probably shock you, and should be read for educational purposes only. Most likely nothing I write will apply to you.

        sigpic

        Comment


        • #5
          I can see road rage getting out of hand they just have to bait them to their vehicle.
          I had to arrest a man for assault during a road rage incident because he reached in a vehicle and took the keys away from a teenage driver forcefully who was being disrespectful to him. The man wanted the teen to wait for police. The teen obviously egged him on but the man took the bait.

          With the new law this could have been a deadly mistake for the man.
          "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

          Comment


          • #6
            Looks good to me, you shouldnt have to turn and run if someone attacks you.

            Comment


            • #7
              Like the song says, "God blessed Texas with his own hands..."

              Any tool can be misused. Tools that help the honest and productive should not be denied them because a few may misuse them. A while back, the North Central Regional Director of the Federal Bureau of Prisons said that when he was a street cop there were at least five instances of cops misusing firearms every time there was an FOP party. Perhaps police should be disarmed...
              "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

              Comment


              • #8
                used as a defense

                I can also see how this could be used as a defense, if an officer gets shot doing a raid or serving a warrant. I don’t do it much but I defiantly don’t want to be the first in the door now. And standing up to the grand jury and say that I shot Joe Public because he wanted to defend his property and he had every right to because he didn’t know for sure I was the police banging on his door. Not only will the criminals shoot first and ask questions later, more chances so will the average citizen.
                And it’s got to suck being plain cloths. Like that officer in Wharton Tx. who had to shot that 17 yr old in the face for attacking him with a knife during an early morning raid supposedly the family of crooks didn’t think that cops would be knocking that early.
                "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

                Comment


                • #9
                  I'm sure the legislature carefully considered all of these issues, with input from DPS, FOP, and other LE representatives.

                  If a thug is going to shoot you, it doesn't enter into his decisionmaking process whether he will have a defense in court or not. Most often he's going to act all the same and worry about the consequences later.

                  Since when is serving a warrant, or entering a premesis on Probable Cause, or taking someone into custody on Probable Cause or a warrant; considered a criminal attack under Texas law?

                  Are the police in Texas the agents and servants of the honest citizens? Or are they the rulers? Who's rights and well-being take precedence over who's if their happens to be some isolated conflict between the interests of each?
                  "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

                  Comment


                  • #10
                    This new law only clarifies what is already legal. Shooting an officer conducting a no-knock warrant has always been illegal, but it has also ALWAYS been a hazard for police.

                    Most civil rights groups don't like no-knocks, because of the disastrous consequences of knocking on the wrong house. If I'm sitting in my front room and my door explodes, I'll most likely be shooting whoever comes through immediately after. As an officer, there is no reasonable explanation or expectation that a SWAT team would hit my house. So I will expect it to be the bad guys, not the good guys.

                    If I slung dope, it would be reasonable, if not expected to get a surprise visit by the local law enforcement.

                    This law also has nothing to do with plain clothes officers. The only REAL change this law makes is the civil immunity offered. This is the reason I'm so excited about this new law. In Texas, it has always been taught in CHL classes that whenever you are involved in a shooting, it will end up costing tens of thousands of dollars, even if you're never brought up on charges. This would be the cost of representation in civil court for "wrongful death." Now that justified shooters have civil immunity, good will prevail over evil, even in civil court.
                    J. Wise

                    AR-15 - AK-47 - NFA Trusts - My Pick - Carry Guns - 1911s

                    "Some say you can tell how the world stands by the prices of AK-47s...." Chit2001

                    Any comments contained herein regarding the legality of firearms, or the application of law, are strictly applicable to Texas. If you live in CA, NY, IL, MA, D.C., etc., the above comments will probably shock you, and should be read for educational purposes only. Most likely nothing I write will apply to you.

                    sigpic

                    Comment


                    • #11
                      Originally posted by jwise
                      This new law only clarifies what is already legal. Shooting an officer conducting a no-knock warrant has always been illegal, but it has also ALWAYS been a hazard for police.

                      The only REAL change this law makes is the civil immunity offered. This is the reason I'm so excited about this new law. In Texas, it has always been taught in CHL classes that whenever you are involved in a shooting, it will end up costing tens of thousands of dollars, even if you're never brought up on charges. This would be the cost of representation in civil court for "wrongful death." Now that justified shooters have civil immunity, good will prevail over evil, even in civil court.

                      +1

                      The civil immunity.

                      To me the law is ment as a warning. Yes it will effect others, but it makes a statement to criminals.

                      Comment


                      • #12
                        Im just saying it happens. example Atlanta Cops Kill 92-Year-Old Woman Who Shot at Them - http://neveryetmelted.com/?p=1896 –
                        And who says dope dealers don’t have CHLs, they just have not been convicted yet. Not all PDs or Counties have SWAT teams especially in as state as big as Texas.
                        "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

                        Comment


                        • #13
                          Some dope dealers are cops who haven't been caught yet.
                          "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

                          Comment


                          • #14
                            Gotta love the Great State of Texas!
                            If you can't be a good example -- then you'll just have to be a horrible warning.

                            Comment


                            • #15
                              I like the law, it just gives notice that if you attempt to rob, rape or murder expect that the intended may be armed and can legally kill you with impunity.

                              There are far too many inmates as it is, some instant karma is welcome.
                              the only true rehabilitation starts with a needle............

                              Comment

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