Texas-Book-Gun Law Armed And Educated - Flipbook - Page 144
A. What if a person uses greater force than the law allows?
The use of a legally appropriate level of force is important because
if a person uses more force than is “reasonably believed to be
immediately necessary,” that person may not be legally justified in
using that level of force. It is important to understand the differences
in the levels of force and the circumstances under which the law
allows the use of each. See Section V.
For example, if a person uses deadly force, and the law allows
only for the use of force, that person will not be legally justified.
Likewise, if a person uses force when no force is legally allowed,
that use of force will not be legally justified.
EXAMPLE:
Dwayne looks out his window and sees a person walking through
his backyard toward his tool shed. Dwayne yells at the fellow
to get off his land. The fellow in the backyard does not respond
and keeps walking toward the tool shed. Dwayne rushes out to
confront him and demands that he leave the backyard.
This man is clearly a trespasser! What degree of force may Dwayne
use to remove the trespasser? The law, as discussed later, will show
that Dwayne is only allowed to use force in response to a mere
trespasser. If Dwayne uses deadly force against the trespasser,
he will not be legally justified and would be guilty of unlawfully
using more force than is reasonably necessary against the
trespasser. Ultimately, using the correct degree of force is critical
in determining whether a person has committed a crime or a legally
justified action.
When Can I Legally Use My Gun: Part I | 133
