Texas-Book-Gun Law Armed And Educated - Flipbook - Page 167
self-defense against the attacker. The victim is also given a legal
presumption of “reasonableness” to any belief that force or deadly
force was immediately necessary to defend his or her life.
MURDER
So, what is murder? Texas Penal Code Section 19.02 defines murder
as any time a person:
• Intentionally or knowingly causes the death of an individual;
• Intends to cause serious bodily injury and commits an act clearly
dangerous to human life that causes the death of an individual; or
• Commits or attempts to commit a felony, other than manslaughter,
and in the course of and in furtherance of the commission or
attempt, or in immediate flight from the commission or attempt,
commits or attempts to commit an act clearly dangerous to
human life that causes the death of an individual.
How should the law under Sections 9.31 and 9.32 be applied after
a self-defense shooting?
EXAMPLE:
David is working quietly in his office at his computer repair shop
when he hears an angry voice yell out, “Y’all ripped me off and
I’m gonna kill everyone in here!” David looks out of his office and
sees a deranged-looking man wielding an axe. The disgruntled
customer turns toward David with an evil look. David draws a gun
from his desk drawer. As the man rushes toward David holding
the axe over his head, David fires two shots at the attacker, killing
him.
In this situation, the law allows David to use force or deadly force
when and to the degree he reasonably believes it is immediately
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