Texas-Book-Gun Law Armed And Educated - Flipbook - Page 166
In the first example, was Leslie legally justified in her use of force
against the man? What about her use of deadly force in example
two? The answer to both is yes. Leslie’s belief that the use of
force (pepper spray) was immediately necessary will be presumed
reasonable under Section 9.31, because the man in the white van
was attempting to commit aggravated kidnapping! Likewise, in
the second example, under Section 9.32, Leslie’s belief that deadly
force was immediately necessary will also be presumed reasonable
for the same reason, and also results in the conclusion that Leslie’s
use of deadly force was justified.
In these hypotheticals, the masked man with the gun was trying to
abduct Leslie. Whatever his ultimate purpose for trying to grab her,
if Leslie reasonably believed she was about to be a victim of an
aggravated kidnapping, she will be entitled to a legal presumption
that her belief was “reasonable.” Thus, with this presumption,
prosecutors will be limited in their ability to second-guess whether
Leslie should have used less force than she did, or whether she
should have retreated first. The law will deem her belief in the
immediate necessity of her use of force or deadly force reasonable.
These are clear examples. We will discuss later how the law is
applied in more ambiguous cases.
2. Victims of attempted murder
It is basic self-preservation set forth in the law that if someone is
trying to end your days, you may defend yourself with force or
deadly force. Thus, it is no surprise that Sections 9.31 and 9.32
of the Texas Penal Code combine to allow for the use of force or
deadly force to prevent someone from murdering you. As with
the other listed violent crimes, a person who defends himself or
herself against murder is justified in using force or deadly force in
When Can I Legally Use My Gun: Part II | 155
