Texas-Book-Gun Law Armed And Educated - Flipbook - Page 212
Shaun is legally justified because he used only enough force
necessary to protect his property from theft during the daytime.
JUSTIFIED USE OF FORCE TO PROTECT YOUR PROPERTY
TEX. PENAL CODE § 9.41(a)
A person in lawful possession of land or tangible, movable
property is justified in using force against another when and to
the degree the actor reasonably believes the force is immediately
necessary to prevent or terminate the other’s trespass on the
land or unlawful interference with the property.
B. Recovery of property
The second category, under Texas Penal Code Section 9.41(b), is the
justified use of force in recovering property that has been unlawfully
taken from the person or to reenter land that has been unlawfully
taken from them.
JUSTIFIED USE OF FORCE TO RECOVER YOUR PROPERTY
TEX. PENAL CODE § 9.41(b)
A person unlawfully dispossessed of land or tangible, movable
property by another is justified in using force against the other
when and to the degree the actor reasonably believes the
force is immediately necessary to reenter the land or recover
the property if the actor uses the force immediately or in fresh
pursuit after the dispossession and: (1) the actor reasonably
believes the other had no claim of right when he dispossessed
the actor; or (2) the other accomplished the dispossession by
using force, threat, or fraud against the actor.
When Can I Legally Use My Gun: Part IV | 201
