Texas-Book-Gun Law Armed And Educated - Flipbook - Page 450
in Chapters 7 through 10 of this book, in that a person will likely
need to be justified in using either force or deadly force before
the use of a taser will also be justified. Because the law does not
clearly classify or define a taser in any way, and because there are
no cases on this subject, how a prosecutor, judge, or jury will view
a person’s use of a taser as being either mere force or deadly force
is unknown. Although a taser is not designed to kill, you should be
aware that under certain circumstances, and when used in a manner
other than designed (such as prolonged use), a taser may play a part
in a person’s cause of death.
V. TRAPS AND SPRING GUNS
Texas Penal Code Section 9.44 governs the use of “devices” to
protect land or tangible movable property. Non-lethal devices are
completely permissible in Texas as long as they are not designed to
cause death or serious bodily injury and must be reasonable under
all circumstances at the time installed.
However, a “trap” or “spring gun” that discharges a firearm may
cause death or serious bodily injury and is illegal. Basically, any
“device” with a loaded firearm capable of discharging will be
prohibited by Section 9.44.
EXAMPLES:
1) Barbed wire around a business in the warehouse district of
town: likely permitted. Barbed wire is typically a reasonable
security measure and usually not capable of, or designed to,
cause death or serious bodily injury.
2) Razor wire around a playground across from an elementary
school: likely unlawful. While probably not designed to cause
death, it is arguably unreasonable to install such a “device”
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