Texas-Book-Gun Law Armed And Educated - Flipbook - Page 180
2. What is a habitation under the “Castle Doctrine”?
Texas law, in defining “Castle Doctrine” rights, does not use the
term home, house, or property; it uses the term “habitation.” The
presumptions under Sections 9.31 and 9.32 are specific, limited, and do
not cover an entire piece of real property—just a habitation. The term
“habitation” is defined by Texas Penal Code Section 30.01 as:
A structure or vehicle adapted for the overnight accommodation of
persons; and includes each separately secured or occupied portion
of the structure or vehicle; and each structure appurtenant to or
connected with the structure or vehicle.
This means that structures that are detached from the building where
you sleep at night are not considered to be your habitation.
EXAMPLE:
Jethro sees a stranger going into his tractor shed, which sits 50 yards
from his house. Jethro grabs his rifle and shoots at the stranger from
the comfort of his back porch. When the police show up, Jethro
claims that his actions are presumed reasonable under the “Castle
Doctrine.ˮ
Unfortunately, Jethro is wrong. Texas law does not consider your
detached garage, shed, or barn part of your habitation. Therefore, any
use of force or deadly force would not qualify for presumptions of
reasonableness under this particular part of the law. However, if your
garage or front or back porch is connected to the structure containing
your sleeping quarters (as exists in many suburban communities), it
is considered part of your habitation as defined by the Texas Penal
Code.
When Can I Legally Use My Gun: Part II | 169
