I have a self-defense legality question. In the state of Texas, if an armed person breaks into your home while you are in it, what are your rights in regards to taking defensive action? Obviously the best thing to do would be to just get out of the house and call the cops... but we all know that isn't always possible and the cops don't always get there in time. Thank you in advance!
Self Defense Question (Texas Law)
- Thread starter Wendi5000
- Start date
powderedonuts
Moderator
Ok what you do is:
1.)Grab your gun
2.)Say "excuse me as I whip this out" or some similar phrase (optional)
3.)give a brief shine with your mag light to be 100% sure its not your long lost brother coming home drunk
4.)Shoot him.
5.)Repeat as necessary as to avoid a civil suit.
You will not be held criminally liable especially if the man is armed. Just make sure you tell the police "OMG I WAAS SO ASCARED LIKE I WAS FEAR FOR MY LIFE AND I DIDNT WANT TO SHOOT HIM BUT HE RAISED HIS GUN AND I HAD NO CHOICE I WAS GONNA DIE!!!"
or something similar to that. And if you are female cry a lot and if you are male you can cry also just make sure your friends arent near cause it will ruin your rep. Better to just act all frightened and nervous if you are male. Even tho I know you will be 100% calm after this incident because you have read this and know exactly what to do good luck.
1.)Grab your gun
2.)Say "excuse me as I whip this out" or some similar phrase (optional)
3.)give a brief shine with your mag light to be 100% sure its not your long lost brother coming home drunk
4.)Shoot him.
5.)Repeat as necessary as to avoid a civil suit.
You will not be held criminally liable especially if the man is armed. Just make sure you tell the police "OMG I WAAS SO ASCARED LIKE I WAS FEAR FOR MY LIFE AND I DIDNT WANT TO SHOOT HIM BUT HE RAISED HIS GUN AND I HAD NO CHOICE I WAS GONNA DIE!!!"
or something similar to that. And if you are female cry a lot and if you are male you can cry also just make sure your friends arent near cause it will ruin your rep. Better to just act all frightened and nervous if you are male. Even tho I know you will be 100% calm after this incident because you have read this and know exactly what to do good luck.
Double Naught Spy
New member
As far as I understand, the intruder need not be armed. As he has broken into your home, you have every reason to be in fear for your life and so lethal force is justified. Note, contrary to what some may argue, B&E is not the same as trespassing across your yard.
If you go to the Texas Dept. of Public Safety web site, you can view their concealed handgun license booklet online and it covers use of lethal force and I believe it has the specific laws that pertain to home invasion. If not, I am sure somebody else may know the specific statutes.
FYI, do NOT do what powderedonuts said about what to tell the police. You may wish to identify yourself properly as the homeowner (as will be shown on your DL, no doubt). They will piece together all the other information just fine. Wait for your lawyer BEFORE you engage in conversations with the police about the shooting. Surprisingly, many folks manage to talk the police into getting themselves arrested becasue of the type of information they convey and the manner in which they convey it. For all sorts of reasons, what they may intend to say right after experiencing a horrendously stressful situation where they have had to kill somebody does not always come out as intended and what is actually conveyed to the cops gets them in trouble.
His suggestion that if you are a female that you should cry a lot is inappropriate. Crocodile tears for the sake of a good performance can be spotted and it will give the impression that you are hiding something as you are obviously trying to intentionally sway how you are perceived by the police with the tears. Don't do it for the sake of acting.
If you go to the Texas Dept. of Public Safety web site, you can view their concealed handgun license booklet online and it covers use of lethal force and I believe it has the specific laws that pertain to home invasion. If not, I am sure somebody else may know the specific statutes.
FYI, do NOT do what powderedonuts said about what to tell the police. You may wish to identify yourself properly as the homeowner (as will be shown on your DL, no doubt). They will piece together all the other information just fine. Wait for your lawyer BEFORE you engage in conversations with the police about the shooting. Surprisingly, many folks manage to talk the police into getting themselves arrested becasue of the type of information they convey and the manner in which they convey it. For all sorts of reasons, what they may intend to say right after experiencing a horrendously stressful situation where they have had to kill somebody does not always come out as intended and what is actually conveyed to the cops gets them in trouble.
His suggestion that if you are a female that you should cry a lot is inappropriate. Crocodile tears for the sake of a good performance can be spotted and it will give the impression that you are hiding something as you are obviously trying to intentionally sway how you are perceived by the police with the tears. Don't do it for the sake of acting.
BerettaCougar
New member
To the starter of this thread.
The waco masacre is a very dark part of our history, makes me sad when I think about it.
The waco masacre is a very dark part of our history, makes me sad when I think about it.
Wynterbourne
New member
This thread made me wonder what the 'recommended course of action' is in a situation like this. Here's what a Detective, who shall remain unnamed per his request, of the Fort Worth Police Department advised.
First, make sure he's ENTIRELY inside of your home. Do NOT drag him in, do not do it while he's halfway inside of the window, and do not do it if he's in your yard.
Second, shoot the bastard. (His words)
Third, if you put less than 3 rounds into him, shoot him again. It doesn't matter what caliber or gauge it is, put at least 3 rounds into the air. Apparently, killing someone with a single shot can qualify you as an 'expert' with this weapon to the court. This is a VERY bad thing. He also stated the ONLY exception to the '3 round' rule is if you're using a double barrelled shotgun, and then you need to empty both barrels.
Fourth, make sure he's dead. Once he's dead, get the hell away from him and call the police.
Fifth, practice saying "I feared for my life", "I feared for my family's safety", or something similar. Show either excessive emotion (tears, sniffles, huddling with your family, etc...) or complete numbness (no emotion at all, no feeling, like you can't believe you did it).
Sixth, expect to have your handgun confiscated. You might not be getting it back any time soon, depending on the city.
Seventh, go directly to the shop and purchase a replacement handgun.
First, make sure he's ENTIRELY inside of your home. Do NOT drag him in, do not do it while he's halfway inside of the window, and do not do it if he's in your yard.
Second, shoot the bastard. (His words)
Third, if you put less than 3 rounds into him, shoot him again. It doesn't matter what caliber or gauge it is, put at least 3 rounds into the air. Apparently, killing someone with a single shot can qualify you as an 'expert' with this weapon to the court. This is a VERY bad thing. He also stated the ONLY exception to the '3 round' rule is if you're using a double barrelled shotgun, and then you need to empty both barrels.
Fourth, make sure he's dead. Once he's dead, get the hell away from him and call the police.
Fifth, practice saying "I feared for my life", "I feared for my family's safety", or something similar. Show either excessive emotion (tears, sniffles, huddling with your family, etc...) or complete numbness (no emotion at all, no feeling, like you can't believe you did it).
Sixth, expect to have your handgun confiscated. You might not be getting it back any time soon, depending on the city.
Seventh, go directly to the shop and purchase a replacement handgun.
I dont know how reliable this advice is. I have often said there is a reason cops arent lawyers.
The main thing is: would a person reasonably feel in fear of his life under this situation? If a guy is coming through my bedroom window at 2AM (I am on the second floor) he is going to get shot. Period.
I do not know what Texas' statute reads regarding the "reasonable man" test and duty to retreat. States differ. Here we dont have one. If I am on my front lawn and someone comes at me with threats that seem pretty credible I am drawing the weapon.
As far as qualifiying as an "expert" this sounds like bunk. Plenty of people with no training at all achieve a one shot stop. Again, if the circumstances make the shoot good then it is good. If it isnt good then no amount of fudging will make it good.
The main thing is: would a person reasonably feel in fear of his life under this situation? If a guy is coming through my bedroom window at 2AM (I am on the second floor) he is going to get shot. Period.
I do not know what Texas' statute reads regarding the "reasonable man" test and duty to retreat. States differ. Here we dont have one. If I am on my front lawn and someone comes at me with threats that seem pretty credible I am drawing the weapon.
As far as qualifiying as an "expert" this sounds like bunk. Plenty of people with no training at all achieve a one shot stop. Again, if the circumstances make the shoot good then it is good. If it isnt good then no amount of fudging will make it good.
Nightime is a different circumstance under Texas Law. If I get woken up in the middle of the night and my wife is in bed beside me and the dog is agitated....we dont have any kids and if there is no company in the house.. yeh the juices start flowing and a little adrenalin kicks in.
All I know is that the law Enforcment officer who taught us the class said the only question you need ask yourself is are you afraid for your life or anothers life..yell stop and then shoot using whatever force is necessary to make the perp stop his actions.
I dont have time to remember all the state code, wonder if the guy is a violent offender or not. He came into my house univited to commit a criminal activity. I have read articles in newspapers where intruders have killed the homeowners. So yes I am going to be afraid for me and my wife.
I havent had any trouble with folks in this nieghborhood so someone breaking in would be that statistical anomoly for which we choose to get a CCW permit. the one in a whatever number that we need it.
All I know is that the law Enforcment officer who taught us the class said the only question you need ask yourself is are you afraid for your life or anothers life..yell stop and then shoot using whatever force is necessary to make the perp stop his actions.
I dont have time to remember all the state code, wonder if the guy is a violent offender or not. He came into my house univited to commit a criminal activity. I have read articles in newspapers where intruders have killed the homeowners. So yes I am going to be afraid for me and my wife.
I havent had any trouble with folks in this nieghborhood so someone breaking in would be that statistical anomoly for which we choose to get a CCW permit. the one in a whatever number that we need it.
Wynterbourne: If I were a detective and happened to be that ignorant, I'd not want my name mentioned, either. Must be a very small force, with very lax requirements for employment.
Read the Texas law yourself. It's probably not too complicated. Short of that, talk with a real lawyer, not some one-horse-town detective.
Read the Texas law yourself. It's probably not too complicated. Short of that, talk with a real lawyer, not some one-horse-town detective.
North Texan
New member
Zekewolf, the detective probably wasn't far off in his advice. If you shoot someone, you will face a grand jury made up of ordinary people (a.k.a. ordinary idiots). Get the right combination of liberal idiots and DA, and you'll be going to trial. That, and the "victim" or his surviving family may choose to sue you in a civil action.
If the perp survives, it's your word against his. If he doesn't, its your word.
Still is in some parts.
If the perp survives, it's your word against his. If he doesn't, its your word.
Still is in some parts.
Yeah let's just put the issue to rest by saying, burglary in the nighttime (unless it has changed in the last few years) the line is hot, you may fire when ready.
Jury schmoory. This is Texas. The only thing you might be indicted for is not killing him dead enough.
Just saw the re-print by nemesis. Apparently they got around to removing the ambiguity surrounding the "burglary during the nighttime" thing. I always thought that was a little strange. Then again, you can still be hanged for horse thievery and demand trial by combat, so what the hey.
I see the deadly force to prevent theft however is still limited to the daytime? How does this make sense? The value of my property somehow goes up at night?
Oh well. We're still better off than most.
Jury schmoory. This is Texas. The only thing you might be indicted for is not killing him dead enough.
Just saw the re-print by nemesis. Apparently they got around to removing the ambiguity surrounding the "burglary during the nighttime" thing. I always thought that was a little strange. Then again, you can still be hanged for horse thievery and demand trial by combat, so what the hey.
I see the deadly force to prevent theft however is still limited to the daytime? How does this make sense? The value of my property somehow goes up at night?
Oh well. We're still better off than most.migrantmigraine
New member
12ga, pump action, when they're in the house, boom, maybe more than once, just in case. A TX ranger suggested the pump shotgun - says the sound of it loading the chamber is about the scariest thing an intruder could hear in a quiet, dark night. He didn't say shoot to wound - nail 'em. No problem at all if he's in your house, and it's best if you wait until he's there.
Texans have high regard for their property borders. No need to ask the guy: "Excuse me, sir, but did you come in here to murder us all in our beds, rob us, kidnap us, or just burn the house down?"
Now, mounting the head above the mantle, while it would make quite a conversation piece....
Texans have high regard for their property borders. No need to ask the guy: "Excuse me, sir, but did you come in here to murder us all in our beds, rob us, kidnap us, or just burn the house down?"
Now, mounting the head above the mantle, while it would make quite a conversation piece....
Double Naught Spy
New member
This is the sort of moronic advice that gets thrown out to the public as an absolute when in fact it is not. It assumes several things that may not be true. It assumes that...
the robber knows what a shotgun sounds like
the robber is able to hear the noise (could be hearing impaired, listening to music with headphones on)
the robber is of the correct frame of mind to know to be scared of the sound (being stoned does not always result in good decision making)
you, as the shogun holder, have total situational awareness (not likely) and know the location(s) and capabilities of all actors and that your generation of the sound will not compromise your safety as you have just notified the bad guy(s) of your presence and given the bad guy(s) your approximate or exact location.
on hearing the sound, the bad guys won't simply spray and pray in the direction of the sound, possibly striking you or loved ones behind you or even behind you in other rooms. It is important to remember that bad guys don't necessarily concern themselves with collateral damage
You do not need to retreat if you are in your own house. You are certainly not required to leave your house.
It might be wise to retreat to an area in your home that you feel is safer and call the police for assistance, but you do not need to do either of those things in order to legally defend yourself.
If a person is attempting to enter your home illegally, or has entered your home illegally, and you feel that your life is in danger then you may legally use any and all means at your disposal to neutralize the threat.
Do not attempt to alter the crime scene in any way after the shooting.
It might be wise to retreat to an area in your home that you feel is safer and call the police for assistance, but you do not need to do either of those things in order to legally defend yourself.
If a person is attempting to enter your home illegally, or has entered your home illegally, and you feel that your life is in danger then you may legally use any and all means at your disposal to neutralize the threat.
Do not attempt to alter the crime scene in any way after the shooting.
Also a shotgun of legal length is not quite as manuverable as a handgun, especially in the confines of a home. The intruder is more likely to disarm you than they would be if you had a handgun. Plus if someone breaks into my home in the middle of the night I won't be trying to intimidate anyone, I'll just be shooting someone. It doesn't matter how scared they are when they die just so lang as my family is safe. Granted a 12ga with OO buckshot would do a better job, but dead is dead.
It's that type of law that makes me want to stay in Texas.
It's that type of law that makes me want to stay in Texas.