Texas-Book-Gun Law Armed And Educated - Flipbook - Page 185
legal presumptions of reasonableness, the person must not have
provoked the attack that led to the use of force or deadly force in
the first place. See also Section H discussing “Provocation” later in
this Chapter.
G. Is a person legally entitled to a presumption of
reasonableness if they were involved in criminal activity?
Sections 9.31(a)(3) and 9.32(b)(3) of the Texas Penal Code also
contain a requirement that you cannot be engaged in a crime (other
than a Class C misdemeanor regulating traffic) at the time force or
deadly force is used in order to obtain a presumption that you have
a reasonable belief in the immediate necessity of the use of force
or deadly force. Interestingly, the “Stand Your Ground” or no duty
to retreat language in Sections 9.31(e) and 9.32(c) use the even
broader words “not engaged in criminal activity” and do not exempt
Class C misdemeanors regulating traffic.
EXAMPLE:
Paul, a Texas LTC holder, carries his handgun past effective
30.06 and 30.07 signs into his favorite movie theater. During the
movie, Paul hears a series of loud bangs and sees a gunman
in dark clothes making his way down the aisle. Paul draws his
handgun and unloads it into the perpetrator.
Can Paul legally stand his ground since he has his handgun in
violation of the theater’s criminal trespass warning? No, the police
and prosecutors can consider his failure to retreat when deciding if
they believe he acted reasonably. A classic example of this principle
is a drug deal gone bad: the drug dealer may not lose his legal
right to self-defense, but the law will not allow the dealer a legal
presumption of reasonableness. The general idea is that individuals
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