[W126 Coupe] stand your ground

Nathan Goodlet nathang at texoma.net
Wed Mar 22 08:16:26 EST 2006


"..Florida became the first state to allow citizens to use deadly force against muggers, carjackers and other attackers.."

The news media is confused, as they usually are, when they are not boldfaced liars.
In Texas, and many other states, it has always been legal to use deadly force to protect either life or property.

In David's example, a car jacker points a gun at you and tries to steal your car.
...
A- If he points a gun at you and you shoot him to defend your life or property it is a legal shooting in Texas.
B- If he was unarmed, and caught you from behind and knocked you down and jumped in your car, and no threat to your life was involved, but protection of property was, you would still be legal to use deadly force to protect or retrieve personal property in Texas.
C- Even in Texas, if a carjacker points a gun at you from arm's length and demands your car, you are going to give it to him or die foolishly. You can get another car.

Even in Texas, even if I am a Concealed Handgun License holder, and a belligerant comes up to me on the street and says "I am going to kill you" but presents no immediately apparent deadly danger, and I have the opprotunity to leave the area to avoid the confrontation, the law says deadly force may be used only as "the last resort." If I say "Oh no you are not", and I stand my ground and wind up having to shoot him, if all the facts come out I would be in big trouble, since I did not try to avoid the deadly force confrontation. Deadly force was not my avenue of last resort.

If the same thing happened in my home or business, I am not obliged to seek to escape, in that regard Texas law also says "no retreat" is necessary.
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