Texas-Book-Gun Law Armed And Educated - Flipbook - Page 198
In such a situation, Peter’s perspective and knowledge of the
situation are very different from the person he sought to defend.
In this situation, if Peter’s belief that a robbery was in progress
was reasonable, then Peter will be legally justified. However, if
a jury finds that his belief was unreasonable, Peter will not be
legally justified, and he will likely be guilty of aggravated assault
or murder.
C. Do I have a duty to report a crime?
Yes, under certain circumstances. Texas Penal Code Section 38.171
makes it a Class A misdemeanor for a person who “observes the
commission of a felony under circumstances in which a reasonable
person would believe that an offense had been committed in which
serious bodily injury or death may have resulted” and the person
fails to report the crime where he or she reasonably believes the
crime has not been reported and where doing so would not have
placed the person “in danger of suffering serious bodily injury or
death.”
IV. THE USE OF FORCE IN PREVENTING SUICIDE
Texas law provides that a person may be justified in using force
to prevent another from committing suicide or inflicting serious
bodily injury on him or herself. If a person has a reasonable belief
that it is immediately necessary to use force in order to prevent
another from committing suicide or inflicting serious bodily injury,
then the use of force is justified. Of course, the use of deadly force
is not justified in that scenario; the purpose of this statute is to
preserve life, not end it!
When Can I Legally Use My Gun: Part II | 187
