Texas-Book-Gun Law Armed And Educated - Flipbook - Page 225
If a person satisfies the first prong of the test, they must also satisfy
the second. The second prong of Section 9.43 may be satisfied in
one of the following ways:
1)the person using the force must reasonably believe that the
interference with property they are preventing or stopping is a
theft or criminal mischief to tangible, movable property;
2)
the owner of the property has requested the property’s
protection;
3)the person seeking to protect the property has a legal duty to
protect the property (e.g., security officer); or
4)
the property belongs to a spouse, parent, child, another
person who is residing with the person, or is another
person who is under the person’s care seeking to protect
the property.
If a person satisfies one of these requirements, then both prongs of
the test are met and the person may be justified. Let’s return to our
earlier example with Gary and see how things would play out if
another person’s property was involved.
EXAMPLE:
After a long day at work, Gary pulls into his own driveway one
night and witnesses two men climbing out of his neighbor’s
window, which appears to be broken, and with what looks to be
his neighbor’s television. Gary exits his vehicle, gun drawn, and
demands the two men stop. When the men ignore his command,
Gary shoots and wounds both men.
Is Gary legally justified in using deadly force under this scenario?
Possibly yes. We evaluate legal justification by determining first,
would Gary have been justified in using deadly force if the property
214 | CHAPTER TEN
