Texas-Book-Gun Law Armed And Educated - Flipbook - Page 154
decides guilt or justification. For all gun owners, these concepts
are critical.
A. How does the law determine what is “reasonable”?
PRACTICAL LEGAL TIP
In determining what is reasonable, Texas law uses a standard known
as the “reasonable person” standard to evaluate a person’s conduct.
Texas Penal Code Section 1.07(42) states, “Reasonable belief means
a belief that would be held by an ordinary and prudent man in the
same circumstances as the actor.” So, who is this ordinary and
prudent person, and how does he or she act? Ultimately, a reasonable
person is whatever a jury says it is.
Throughout this book, we refer to juries
making the ultimate determination of
fact. There are, however, some limited
occasions where a judge makes the
determinations. For example, if all parties
waive their right to a jury, the court may
conduct what is called a bench trial.
—Kirk
The legal analysis behind the reasonable person standard goes
like this: if a person used force or even deadly force, they must
act like a reasonable person would have acted under the same or
similar circumstances in order to be legally justified! However, if a
person fails to act like a reasonable person, their conduct will fall
below the acceptable legal standard and will not be justified. The
reasonable person standard is the law’s attempt to make the concept
of reasonableness an objective and measurable test.
When Can I Legally Use My Gun: Part I | 143
