Texas-Book-Gun Law Armed And Educated - Flipbook - Page 188
to pursue the matter through the court system—not to use force
against the officer!
Unfortunately, there really are instances where police officers
exceed their authority and use more force than they are allowed
under the law. Sometimes there are many factors leading to that
excessive use of force, but officers have to follow the law, too!
For that reason, the legislature crafted a very limited and specific
exception to this rule in Texas Penal Code Section 9.31(c).
JUSTIFICATION FOR USE OF FORCE AGAINST PEACE OFFICER
TEX. PENAL CODE § 9.31(c)
The use of force to resist an arrest or search is justified if,
before the actor offers any resistance, the peace officer (or
person acting at his direction) uses or attempts to use greater
force than necessary to make the arrest or search; and when
and to the degree the actor reasonably believes the force is
immediately necessary to protect himself against the peace
officer’s (or other person’s) use or attempted use of greater
force than necessary.
This exception in the self-defense statute is crafted to protect a
person in those scenarios where an officer is using greater force
than necessary to make an arrest or search. Having said that, pay
very close attention to how narrow and specific this statute is in its
application. A person must meet some very specific requirements
before he or she is afforded any legal protection:
1) a person must not be resisting when the officer uses greater
force than necessary; and
When Can I Legally Use My Gun: Part II | 177
