Texas-Book-Gun Law Armed And Educated - Flipbook - Page 196
In general, if you place yourself in the “shoes” of the third
person, and the law would allow the third person to use force or
deadly force to protect themselves, then you are legally justified
to use the same level of force to protect the third person. Texas
Penal Code Section 9.33 allows a person to protect a third person
from the unlawful use of force or deadly force by another in
the same circumstances in which a person could justifiably use
force under Section 9.31 or deadly force under Section 9.32 to
protect themselves, so long as the person reasonably believes
that the intervention is immediately necessary. By referencing
back to the self-defense statutes in Sections 9.31 and 9.32, the
law makes the legal analysis for defending third persons the
same as for self-defense.
Therefore, the same legal justifications and presumptions of
reasonableness for self-defense are also available for the defense
of third persons. If a person decides to aid a third person, the law of
justifiable use of force will allow a person to defend a third person
to the extent they may defend themselves. As long as the person
defending another reasonably believes that the third person would
be justified in using force or deadly force to protect him or herself,
the person defending may step in and use force or deadly force on
that person’s behalf. See Hughes v. State, 719 S.W.2d 560 (Tex.
Crim. App. 1986). However, please note that the law still imposes a
requirement that a person’s belief in the immediate necessity of the
use of force or deadly force be reasonable. If a person decides to
defend a third person, prudence dictates that the person defending
must be sure they know what is truly happening in a situation before
using force or deadly force. If a belief in the immediate necessity
of the use of force or deadly force turns out to be unreasonable, the
use of force or deadly force will not be legally justified, no matter
how well-intentioned a person may be.
When Can I Legally Use My Gun: Part II | 185
