The law has been that way for a long time, even before CHL. I think I heard (don't quote me) that this law may even be a holdover from the cattle rustling / horse theft days. However, as a CHL holder, you really need to understand when you can and can't use deadly force. If you shoot someone during the day who is breaking into your vehicle and you are not in personal danger, you will be very likely facing homicide charges.UofHdevildog wrote:It still wouldve been hard not to. Why is that law like that? Sounds stupid to me.
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Return to “So my truck got broken into....”
- Mon Dec 07, 2009 6:48 pm
- Forum: General Texas CHL Discussion
- Topic: So my truck got broken into....
- Replies: 27
- Views: 4221
Re: So my truck got broken into....
- Mon Dec 07, 2009 4:28 pm
- Forum: General Texas CHL Discussion
- Topic: So my truck got broken into....
- Replies: 27
- Views: 4221
Re: So my truck got broken into....
UofHdevildog wrote:go read your book, but in general you're allowed to use force to defend property. Then the next section states that if you can use force then you can use deadly force. Some people will say you can only shoot at nigh but they're wrong. Pretty much if I'd caught him in the act I couldve shot him, which I wouldve.Purplehood wrote:What exactly are you allowed to do if you catch some lowlife breaking into your vehicle?
Please re-read your book. TPC §9.42 defines the allowable use of deadly force to protect property and does NOT say if you can use force, you can use deadly force anytime. Here is the statute and I have highlighted some important points:
PC §9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible,
movable property:
(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.