Texas-Book-Gun Law Armed And Educated - Flipbook - Page 184
EXAMPLE:
Simon is scared out of his mind as he looks down the barrel of
the property owner’s shotgun. The two are about 20 feet apart.
Simon, hearing the property owner’s threat to kill him, draws his
own firearm and fires two shots, killing the property owner.
PRACTICAL LEGAL TIP
In this example, because Simon is not eligible for the presumptions
under Section 9.32, a prosecutor would be allowed to question and
second-guess the use of deadly force. The prosecutor may argue that
Simon did not really need to use deadly force immediately because
a reasonable person would have retreated under the circumstances.
Simon does not lose his legal right to self-defense under this
example; he only loses the presumption of reasonableness, and the
protection that the “No Duty to Retreat” provisions offer.
Numerous jurisdictions like Texas
have “No Duty to Retreat” laws that
do not require fleeing before the legal
use of deadly force. However, several
states impose a duty on a person to
retreat if reasonably available as a
prerequisite to using deadly force. So
when traveling, make sure you know
the law of the state you are visiting.
—Emily
F. A person who provokes an attack is not entitled to a
presumption of reasonableness
Sections 9.31 and 9.32 of the Texas Penal Code contain a
requirement that in order for a person to take advantage of
When Can I Legally Use My Gun: Part II | 173
