Under the Castle Doctrine or Defense of Habitation Law of Texas, it is my understanding that a person can reasonably protect him or herself against another person’s use or attempted use of unlawful force. But you CANNOT have provoked the other person. (You can't start a fight with them, invite them into your house, and shoot them.)
A degree of reasonable protection includes defending yourself against a person who:
-unlawfully or forcefully enters or attempts to enter the victim’s place of residence, vehicle, or place of employment.
-forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
-commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In addition, the occupants of the habitat must be in the habitat legally. If the occupants are considered to be fugitives or are using the Doctrine to provide assistance to fugitives, any of their actions are not justified by Texas law.
I also understand that this pertains as well to our vehicles. In my understanding (and I have checked with a lawyer and LEO to make sure this is correct, but please correct me if I'm wrong) with or without a CHL, you may carry your firearm from your home to your car. Keep it in your car, concealed, to use as self-defense. You may also carry it from the car to a hotel room in the instance of traveling. You may not; however, carry concealed outside your home, vehicle, or temporary residence without a valid CHL.
Texas law is known by many to be one of the toughest in the land. Texas is hard on criminals, but also adamant about allowing owners to protect their properties.
I look forward to any and all discussion and comments on this topic!
Have a great day!
A degree of reasonable protection includes defending yourself against a person who:
-unlawfully or forcefully enters or attempts to enter the victim’s place of residence, vehicle, or place of employment.
-forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
-commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In addition, the occupants of the habitat must be in the habitat legally. If the occupants are considered to be fugitives or are using the Doctrine to provide assistance to fugitives, any of their actions are not justified by Texas law.
I also understand that this pertains as well to our vehicles. In my understanding (and I have checked with a lawyer and LEO to make sure this is correct, but please correct me if I'm wrong) with or without a CHL, you may carry your firearm from your home to your car. Keep it in your car, concealed, to use as self-defense. You may also carry it from the car to a hotel room in the instance of traveling. You may not; however, carry concealed outside your home, vehicle, or temporary residence without a valid CHL.
Texas law is known by many to be one of the toughest in the land. Texas is hard on criminals, but also adamant about allowing owners to protect their properties.
I look forward to any and all discussion and comments on this topic!
Have a great day!
me and a few friends were in discussion of this and he was told that he called his local DPS and was told that without a CHL he couldnt keep his firearm concealed in his car. That seems contradictory according to the Castle Law, regardless I carry mine weapon concealed in my car and I have no CHL at the time..
ReplyDeleteI am not a lawyer and can't give legal advice. I would recommend that you read the Texas Motorist Protection act and talk with a lawyer to find out what you can and can't do. Unfortunately LEO's don't always know the law as well as they should, and maybe someone misunderstood what someone else said.
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