Texas-Book-Gun Law Armed And Educated - Flipbook - Page 232
Like nearly every law authorizing the use of deadly force, this
statute also only justifies using deadly force if you would first be
justified in using mere force. However, deadly force may only
legally be used to assist the police if a police officer is present and
directing you to do so.
In other words, there is not a circumstance under Section 9.51 where
you, as an ordinary citizen, are legally justified in using deadly force
to execute an arrest if no police officer is present and has so directed.
That doesn’t mean you won’t have any justification under other
sections of the law, such as self-defense, just not under Section 9.51.
D. Detaining potential thieves: “retailer’s privilege”
The Texas Civil Practice and Remedies Code grants a person
authority to detain a person in order to investigate potential theft.
AUTHORIZATION TO DETAIN POTENTIAL THIEF
TEX. CIVIL PRACTICE AND REMEDIES CODE § 124.001
A person who reasonably believes that another has stolen or is
attempting to steal property is privileged to detain that person
in a reasonable manner and for a reasonable time to investigate
ownership of the property.
The most common application of this particular statute is in a
retail setting. Thus, it is often called “retailer’s” or “shop-keeper’s
privilege” or right. Common scenarios include when a loss
prevention officer for the store will take a person into some type
of custody while they investigate whether an item was stolen from
their business.
When Can I Legally Use My Gun: Part IV | 221
