Texas-Book-Gun Law Armed And Educated - Flipbook - Page 230
JUSTIFIED USE OF FORCE ASSISTING LAW ENFORCEMENT
TEX. PENAL CODE § 9.51(b)
A person other than a peace officer (or one acting at his direction)
is justified in using force against another when and to the degree
the actor reasonably believes the force is immediately necessary
to make or assist in making a lawful arrest, or to prevent or assist
in preventing escape after lawful arrest if, before using force,
the actor manifests his purpose to and the reason for the arrest
or reasonably believes his purpose and the reason are already
known by or cannot reasonably be made known to the person
to be arrested.
This statute allows an ordinary person to use force when making or
assisting in making an arrest, since it does not require the person
to be in a peace officer’s presence! Once again, you must meet
the same “reasonable belief” and “immediate necessity” standards
we’ve outlined throughout this Chapter before you may use force.
Where possible, you also need to identify yourself and the reason
you’re making the arrest, unless you believe such is already known
or can’t be made known. Take notice, however, this statute does not
authorize the use of deadly force.
In addition, the Texas Code of Criminal Procedure authorizes the
warrantless citizen’s arrest of an individual in the event the offense
is “committed in his presence or within his view, if the offense is
one classed as a felony or as an offense against the public peace.”
When Can I Legally Use My Gun: Part IV | 219
