Texas-Book-Gun Law Armed And Educated - Flipbook - Page 179
As we discussed earlier, the general rule is that a person is legally
justified in using force or deadly force:
When and to the degree a person reasonably believes the force or
deadly force is immediately necessary to protect against the unlawful
use of force or deadly force.
If you are a victim of unlawful force or deadly force when you are
in your occupied habitation, occupied vehicle, or occupied place of
business or employment, the law will provide you protection beyond
the general rule. In these “Castle Doctrine” circumstances, the law
will presume “reasonable” a person’s belief that force or deadly force
was immediately necessary to defend against unlawful force. This
presumption applies to you when:
(A) a person has unlawfully and with force entered, or was attempting
to enter your: occupied habitation, vehicle, or place of business or
employment; or
(B) a person has unlawfully and with force removed, or is attempting
to remove you from your occupied habitation, vehicle, or place of
business or employment.
As can be seen, section (A) covers conditions when someone is
entering or attempting to enter your “castle” and section (B) covers
situations when you are being unlawfully removed from your “castle.”
Like the presumptions available for victims of violent crimes, a “Castle
Doctrine” presumption of “reasonableness” is a powerful legal tool for
any person who is accused of a crime and claiming justification. The
presumption will be further enhanced by having no duty to retreat. This
will prevent prosecutors in court from second-guessing when or the
amount of force that was used. These presumptions are available only
for occupied habitations, vehicles, or places of business or employment.
168 | CHAPTER EIGHT
