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castle doctrine
Posted: Wed May 24, 2006 7:20 am
by bj
do we have a castle doctrine in Texas B.J.
Re: castle doctrine
Posted: Wed May 24, 2006 7:53 am
by seamusTX
Not explicitly.
This is part of the relevant law:
- PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
...
(2) if a reasonable person in the actor's situation would not have
retreated; and ...
However, district attorneys rarely prosecute people for failing to retreat, especially in cases of home invasion.
There was an exceptional case. In 1996, a gentleman named Gordon Hale defended himself against an assault, and the Dallas district attorney attempted to prosecute him. The grand jury declined to issue an indictment. This was the first attempt to prosecute a CHL holder for defending himself, to my knowledge.
The NRA-ILA will try to get the Texas law amended in the next legislative session.
- Jim
Posted: Wed May 24, 2006 7:56 am
by Diode
Do you think Texas will get a law like the one in Florida? Where you are allowed to stand you ground anywhere your allowed to be? Not just in your "Castle"?
Posted: Wed May 24, 2006 9:49 am
by seamusTX
I'm not placing bets one way or the other. I have little confidence in the legislature. When the time comes, I'll write to my representatives. Everyone else should do the same.
I think the hysterical objections of the Florida law have been proven false, by anyone who looks at the facts, and similar measures have passed in several other states (5 if I recall correctly).
- Jim
Posted: Wed May 24, 2006 9:52 am
by Diode
seamusTX wrote:I'm not placing bets one way or the other. I have little confidence in the legislature. When the time comes, I'll write to my representatives. Everyone else should do the same.
I think the hysterical objections of the Florida law have been proven false, by anyone who looks at the facts, and similar measures have passed in several other states (5 if I recall correctly).
- Jim
I would expect someone will keep us updated. :) I'll be happy to bug my Rep. as well.
Posted: Wed May 24, 2006 10:50 am
by seamusTX
Diode wrote:I would expect someone will keep us updated. :)
You can sign up for e-mail alerts from the NRA. They remind you, maybe more than some people want.
- Jim
Posted: Wed May 24, 2006 10:52 am
by Diode
seamusTX wrote:Diode wrote:I would expect someone will keep us updated. :)
You can sign up for e-mail alerts from the NRA. They remind you, maybe more than some people want.
- Jim
Yeah, I have that working.... I do get alot of them too. :)
Re: castle doctrine
Posted: Wed May 24, 2006 10:59 am
by txinvestigator
seamusTX wrote:Not explicitly.
This is part of the relevant law:
- PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
...
(2) if a reasonable person in the actor's situation would not have
retreated; and ...
However, district attorneys rarely prosecute people for failing to retreat, especially in cases of home invasion.
There was an exceptional case. In 1996, a gentleman named Gordon Hale defended himself against an assault, and the Dallas district attorney attempted to prosecute him. The grand jury declined to issue an indictment. This was the first attempt to prosecute a CHL holder for defending himself, to my knowledge.
The NRA-ILA will try to get the Texas law amended in the next legislative session.
- Jim
You forgot part;
9.32
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.
Re: castle doctrine
Posted: Wed May 24, 2006 11:01 am
by txinvestigator
seamusTX wrote:Not explicitly.
There was an exceptional case. In 1996, a gentleman named Gordon Hale defended himself against an assault, and the Dallas district attorney attempted to prosecute him. The grand jury declined to issue an indictment. This was the first attempt to prosecute a CHL holder for defending himself, to my knowledge.
The NRA-ILA will try to get the Texas law amended in the next legislative session.
- Jim
I don't remember exactly, but I think this case was a routine referral to a Grand Jury, as is ALL deadly force cases in which a person dies.
Posted: Wed May 24, 2006 11:10 am
by Charles L. Cotton
Diode wrote:I would expect someone will keep us updated. :)
Re: castle doctrine
Posted: Wed May 24, 2006 11:41 am
by seamusTX
txinvestigator wrote:You forgot part 9.32
Yes, sir. I did. Thank you for pointing that out.
- Jim