Quote:
Originally Posted by mastertypodemon
No, just need to shout "He's coming right for us!" before you do it though.
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This is not quite right. Although Texas is pretty open to self defense, I cannot just claim someone is threatening me and open fire. I apologize if this is inappropriate for this forum. I am not being political. I am trying to make sure the correct information is out there. The right to carry and the use of a gun is not something to take lightly.
Below is the law as it stands in Texas. A couple of key points, you can have NO alcohol in your system unless you are in your own residence. This is in another section of the law, but it goes to the right to have the weapon. You cannot have provoked the situation. A hit and run on your car is not a defense here and if you followed them and stopped them you have provoked the situation. In the post above
you would not have provoked the gang of thugs, but
you would have provoked the driver of the car that hit you (chasing after them and stopping them from driving away) and he would be within his rights to use deadly force if you were threatening him with force. In Texas, you do have a duty to attempt retreat before you can be justified using deadly force.
It is also important to know that these laws do not keep you from getting arrested. They are a defense to prosecution. You will still get to spend the night in jail, hire a lawyer and spend months fighting in court.
Texas Law:
Sec. 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; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.