Texas Self-Defense and Weapons Laws

[P.A.L]

Texas law on self-defense is codified in the Texas Penal Code (http://www.capitol.state.tx.us/statutes/pe.toc.htm). Below are excepts from certain Texas statutes that set forth the level of lawful force that may be used to protect yourself, third persons, your property, or the property of others.

A. The General Self-Defense Statute

Chapter 9.31 of the Texas Penal Code is the general self-defense statute. It provides as follows:

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection ©;

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

© The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

B. Use of Deadly Force in Self-Defense

Chapter 9.32 of the Texas Penal Code explains when deadly force is justified in self-defense. Section 9.32 provides that:

(a) A person is justified in using deadly force against another:

(1) if he would be justified in using force against the other under Section 9.31;

(2) if a reasonable person in the actor's situation would not have retreated; and

(3) when and to the degree he reasonably believes the deadly force is immediately necessary.

(A) to protect himself against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(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.

Chapter 9.33 of the Texas Penal Code explains when a person is justified in using force to defend a person other than himself/herself: Chapter 9.33 provides:

A person is justified in using force or deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.

C. Use of Force to Protect Property

Chapter 9.41 of the Texas Penal Code explains when people can use force to protect their property (as opposed to persons). Chapter 9.41 explains that:

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor

D. Use of Deadly Force to Protect Property

Chapter 9.42 of the Texas Penal Code explains when deadly force is justified to protect one’s property. Chapter 9.42 explains that:

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.

E. Use of Force to Protect the Property of Others

Chapter 9.43 of the Texas Penal Code explains when a person is justified in using force to protect the property of another person. Chapter 9.43 explains that:

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

© the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

F. Definition of an “Illegal knife” in Texas

Chapter 46.01 of the Texas Penal Code (http://www.capitol.state.tx.us/statutes/pe.toc.htm) defines an “Illegal knife” as a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

© dagger, including but not limited to a dirk, stilletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

[Ace2021]

I live in Texas, thanks I didn't know a lot of that. It's good to know that deadly force is acceptable under those conditions.

Why do I say that?

Just on the news (and this happened in another state) I read about a "thug" attacking a man, the man pulled a knife and killed the "thug", and "thug's" parents sued the man for...let's just say ..a lot. Justice? Not from my perspective.

IMHO: If you're going to attack someone, and you end up dead, that's your fault.

[Sohan]

Interesting. Very similar to Georgia's laws on self-defense.

My mom was from Texas and her dad carried a gun on his hip at all time, as I remember. He taught my mom to shoot for self-defense when she was a kid and she was one of the top shooters when she was in the Air Force, even into her late 40's.

"Don't mess with Texas"

With respect,

Sohan

[ps1]

Excellent post. Thanks for the info.