Texas-Book-Gun Law Armed And Educated - Flipbook - Page 226
he was protecting was his own? The answer seems clear that he
would have been (e.g., burglary or theft during the nighttime, etc.).
The second requirement of Section 9.43 must also be satisfied
for there to be legal justification. In this scenario, even if Gary’s
neighbor had not specially asked Gary to protect his property
(although such a request would have satisfied the second prong
of the test), because Gary’s belief was likely reasonable that
the persons he shot were attempting or consummating a theft to
tangible, movable property, he likely will be legally justified. Keep
in mind, because there are no legal presumptions for the defense
of property, a jury could determine that shooting someone over his
neighbor’s television is not reasonable.
V. HOW ARE THE CRIMES ASSOCIATED WITH DEFENDING
PROPERTY DEFINED UNDER TEXAS LAW?
In the previous sections, we discussed circumstances where if
certain crimes are being or have been committed, a person may
have a legal justification in using force or deadly force to defend
their property. How does Texas law define those crimes?
A. Arson
When a person starts a fire, regardless of whether the fire continues
after ignition, or causes an explosion with the intent to destroy or
damage any vegetation, fence, or structure on open-space land, or
any building, habitation, or vehicle under certain circumstances.
See Tex. Penal Code § 28.02.
B. Burglary
Anytime a person, without the consent of the owner, enters a
habitation or building (or any portion of a building) not then open
to the public, or remains concealed in a habitation or building with
the intent to commit a felony, theft, or assault, or enters a habitation
When Can I Legally Use My Gun: Part IV | 215
