Sigma 40 Blaster
New member
Maybe I should post this in a TX specific forum but I see a lot of Texans in here. I received an email today from a firearms enthusiast who must subscribe to every gun related blog, email service, and RSS feed on the Internet.
Anyways, there were several articles in this email about the Castle Law in Texas and how lenient juries have historically been. I read one thing that really confused me...I am trying to separate the Castle Law from the articles of law (Section 9.42 of Texas Penal Code) that describe when a CHL holder can use deadly force.
Under the Castle Law:
There is no duty to retreat
You are covered in your home, car, or place of employment
Assuming that your incident was a legitimate shoot (according to 9.42 of the Texas laws) you have no CRIMINAL or CIVIL liabilities.
Under the 9.42 law CHL holders can use deadly force if there's a violent crime happening, reasonably suspect it's about to happen, or to prevent the perp from fleeing the scene. There are more specific definitions of WHEN you can act, but that's just a basic summarization. If you meet the criteria of justifiable use of deadly force you have no CRIMINAL liability but you have no CIVIL protection at all? Meaning the perp or his/her survivors can still sue you? Is that right?
I understand that if you injure or kill an innocent under Castle Law, the Carjack Law, or under 9.42 you can still be charged and be sued by the innocent. But do I understand correctly that Castle Law provides civil protection while a CHL holder who gets involved in a self defense situation at a gas station or Wal-Mart has no civil protection???
Anyways, there were several articles in this email about the Castle Law in Texas and how lenient juries have historically been. I read one thing that really confused me...I am trying to separate the Castle Law from the articles of law (Section 9.42 of Texas Penal Code) that describe when a CHL holder can use deadly force.
Under the Castle Law:
There is no duty to retreat
You are covered in your home, car, or place of employment
Assuming that your incident was a legitimate shoot (according to 9.42 of the Texas laws) you have no CRIMINAL or CIVIL liabilities.
Under the 9.42 law CHL holders can use deadly force if there's a violent crime happening, reasonably suspect it's about to happen, or to prevent the perp from fleeing the scene. There are more specific definitions of WHEN you can act, but that's just a basic summarization. If you meet the criteria of justifiable use of deadly force you have no CRIMINAL liability but you have no CIVIL protection at all? Meaning the perp or his/her survivors can still sue you? Is that right?
I understand that if you injure or kill an innocent under Castle Law, the Carjack Law, or under 9.42 you can still be charged and be sued by the innocent. But do I understand correctly that Castle Law provides civil protection while a CHL holder who gets involved in a self defense situation at a gas station or Wal-Mart has no civil protection???