Texas-Book-Gun Law Armed And Educated - Flipbook - Page 216
other words, a person may be potentially legally justified in using
force against a person found trespassing on their land—even if that
person has not committed the crime of criminal trespass—but only
so long as the use of force is accompanied with a reasonable belief
that it is immediately necessary to terminate the trespass.
However, in the event an unwitting trespasser has no intention of
remaining on or damaging the property, at least one Texas court
has held that the use of force is not immediately necessary. See
Hudson v. State, 145 S.W.3d 323 (Tex. App.—Fort Worth 2004,
pet. ref’d). Further, without a specific definition of what “trespass”
means as found in Section 9.41, in the vast majority of cases, a jury
will make the ultimate decision as to whether or not a person had
a reasonable belief that it was immediately necessary to terminate
another person’s trespass on the land.
EXAMPLE:
Elijah wanders past a fence post that has a large purple stripe.
Unbeknownst to him, he is trespassing on Jacob’s land. Instead
of confronting Elijah, Jacob calls the sheriff, who responds and
detains Elijah for questioning.
Should Elijah be prosecuted for criminal trespass if he says that
he did not know that a post with a purple stripe on it has the same
legal effect as a fence or “No Trespassing” sign? Would Jacob have
been justified if he would have tackled him rather than calling the
sheriff? In this instance, a jury would evaluate the justification.
F. What is unlawful interference with property?
You have a legal right to prevent or terminate “interference with
property,” but what does this mean? It can be a theft, destruction,
When Can I Legally Use My Gun: Part IV | 205
