Bartholmew Roberts: Texas law allows you to use deadly force when there is a reasonable belief of an immediate threat of death or serious bodily injury. If the person who was shot entered your home forcibly and unlawfully, it will be presumed that you had such a belief, however, presumptions are rebuttable if there is evidence to the contrary.
As I stated previousy taking of innocent life is murder, shooting a burglar forcably entering ones house is not murder. I stated that as to what I think is murder in the eyes of God. However, it is the legal defintion of murder that counts in whatever State. Someone entering my house by force,
(do understand that there is one way in, one way out of my house, there is no retreat and no back door), I will use deadly force to stop them and will not be holding them at gunpoint. I probably will not know whether they were breaking in to murder me, to burglarize my house, or to rape my disabled daughter, or because they were on crack, or because they were high on other drugs, or drunk. I have a solid door, and deadbolt lock. I do not have a safe room to retreat too. If I were not prepared to fire when they break the door in, I would sell my guns. Thats me.
I do not maintain that it is right to shoot someone because you get mad at what they say. If they are breaking my door in, I will stop them at the door as they enter. If I discovered them burglarizing my house and got the drop on them as I was entering, and they were not a threat, of course I would not shoot them, unless they made a sudden movement going for a weapon. My main concern is that during any such gunfight that a stray bullet does not travel and hit an innocent person. The intruder is not an innocent person, if he breaks through a deadbolt lock. If you live in Texas you know that you do not have to retreat if someone is breaking your door in.
But as I stated, if your garage is separate from your house (I don't have a garage myself), but if I did I would check the law, to know where I stood.
Point is, though, if they are breaking my door in I don't have a half acre house, and no way to exit, and if they are breaking my door in I will be getting behind something to shoot as they come in. I told a social worker
a few months back who asked me if I had a gun safe, no I don't and no children. The day I can no longer protect my disabled daugher, then the taxpayers of Texas can do it. I am an old disabled vietnam veteran, and I do not intend to let me or her become someone's victim in my own house.