Texplainer: When Can Texans Use Deadly Force in Self-Defense?
Hey, Texplainer: When can Texans legally use deadly force in self-defense?
As the story of Trayvon Martin, the 17-year-old who was fatally shot by a neighborhood watch captain in Florida, continues to attract national attention, Florida’s "Stand Your Ground" law and similar laws in states that followed its lead have come under scrutiny.
Stand Your Ground laws allow for the use of deadly force for self-defense in places beyond one’s home, even where retreat may be possible.
One legal term often mentioned in discussions about Florida’s law is the "Castle Doctrine," which says people are allowed to ...
Comments (18)
Dave Fury via Texas Tribune on Facebook
It should say to prospective criminals that you are taking chances when you assault or rob people. You should pay heed to the fact that if you choose to do such things, you just may end up dead. Is my plasma TV or wallet really worth that to you? You be polite instead, and so shall I. Done deal.
Pamela Parker Caird via Texas Tribune on Facebook
Thanks for this. Had been wondering what law applied in TX.
Tim Bingham via Texas Tribune on Facebook
this is not a true statement about Texas and self defense, last time I checked I could defend myself anywhere
Tim Covington via Texas Tribune on Facebook
The Trevon Martin case should be an example to everyone. Even if you are in the right (I'm not saying Zimmerman was right or not), count on a $10,000+ legal bill for every round fired. Do everything you can to avoid being in that situation where you have to pull the trigger. It should be your very last response when you believe there is not other way to save your life or another's from an attacker.
Dale Kramer via Texas Tribune on Facebook
@tim nicely said and always have a laser scope to let the other know you mean business...i have good pepper spray i would use first -just relayin
Shaun Swegman via Texas Tribune on Facebook
Interesting. I wonder if Florida's law has a similar exception for those who initiate the conflict. From the way things look so far, it sounds like Martin would've had grounds for a self-defense claim under the Texas law, and Zimmerman wouldn't.
Tim ThèRockstâr via Texas Tribune on Facebook
Excellent Article, one that is factual of the law, no like much, er, ANY of the media. They know nothing of guns, gun laws, or The 2nd Ammendemnt Right, which assures their 1st that they take for granted. Outstanding of you to do the research and understand Texas Law.
Austin Mccarty via Texas Tribune on Facebook
Thanks for the info
Rick Scott McGuckin via Texas Tribune on Facebook
See the Fred Yazdi case in Austin- he's out on bail, charged with shooting a Texas State student to death in the back after claiming he thought the man was stealing his car.
Jenn Bagwell via Texas Tribune on Facebook
The cocaineconstable.com made a statement about CHL holders in Texas today.
Rick Scott McGuckin via Texas Tribune on Facebook
Sorry Tim, you can't trespass and still be in your 'castle', big fella.
Rick Scott McGuckin via Texas Tribune on Facebook
Bingham, I mean
Merryl Redding via Texas Tribune on Facebook
None of us know what actually happened, yet.
gypsy314 ne
When our freedoms are being taken then and only then will the Government find the brave.
Anyone but Obama and democrats!
Anya Khan
One addition, Texas considered your property to be your castle. You did not have to retreat from someone stealing your car, you had to retreat from someone stealing your neighbor's car.
David Starkey
I walk with a caine & the tennants in an adjacent apartment moved in with 2 Pitbulls.
My handicapped parking space is the closest one to the patio, where they went nuts every time I came home. They tried to get over the fence to get at me every single time. So, I called the complex management & told them that if those dogs MADE it over the fence, I would HAVE to shoot them.
Fortunately, they were forced to get rid of the dogs after a few weeks. But I still shudder when I remember their fits & it suddenly dawning on me that I COULDN'T RUN AWAY LIKE I USED TO.
So retreating is an EXTREMELY important issue to me - as it should be to anyone with a wheelchair, broken leg, sprained ankle, etc.
Tony Arbelaez
Correction: " Texas passed a Castle Doctrine law, removing the duty to retreat in one's home, in 1995."
The Castle Doctrine in Texas, was not passed until September 1, 2007.
In 1995 was when Texas adopted a Concealed Handgun Law signed by then Gov. George W. Bush.
Chris Brown
Interesting. Can I be on the jury?