Texas High Court Limits Self Defense Law

[LSUTiger]

Self Defense or Necessity or both?

Armed Attorneys

https://youtu.be/_LFfsd2KXFA?si=H9gJaOseElV2AZ98

[RoyGBiv]

Someone's gonna need to explain to me how that affects law abiding people who are not in the process of resisting arrest... or some other situation in chapter 9 that I might find myself in.

[srothstein]

In all honesty, I do not see how this is a major change to the interpretation of these sections of law.

Where it might affect us is very rare, I think. Use of deadly force is barred in certain circumstances, so it would be impossible to use the necessity defense in those same circumstances. But I am not sure how that could happen.

[Mike S]

Agreed

I see TPC 9.22 "Necessity" as a weak place to put your Self Defense argument. I see it more as a catch-all for outlier scenarios, not self defense.

The way I explain 9.22 to students is
"Its unlawful for me to drive my truck on the sidewalk. If a child darts into the street & I swerve to miss the kid, but go onto the sidewalk where others are present, I can still be charged with Deadly Conduct or Reckless Driving. It would be up to my lawyer to argue that my actions were "Necessary" in accordance with ordinary reasonablness to avoid the much greater risk of hitting a kid."

TPC 9.31 / 9.32 / 9.33 / 9.41 / 9.42 are all much better places to hang your hat regarding justification for uses of force.

[LDB415]

Is there a good book, hopefully of a "Reader's Digest" or "For Dummies" or best combining both that covers the basics of what a license holder needs to know on most things CHL?

[RoyGBiv]

Is there a good book, hopefully of a "Reader's Digest" or "For Dummies" or best combining both that covers the basics of what a license holder needs to know on most things CHL?

LTC-16 (Texas License To Carry A Handgun Statute & Selected Laws) (2023-2024)
https://www.dps.texas.gov/InternetForms ... LTC-16.pdf

[Mike S]

Is there a good book, hopefully of a "Reader's Digest" or "For Dummies" or best combining both that covers the basics of what a license holder needs to know on most things CHL?

The LTC-16 that RoyGBiv linked above has all of the relevant Penal & Civil codes in it, but its basically a 'copy & paste' of the black & white law. Its good to reference as to what the Legislature passed, but its pretty dry reading for most.

What kind of info are you looking for in a Readers Digest version?

[LDB415]

It's been so long since the actual class I don't remember all the details of when/where it's ok to carry, to draw the weapon, etc. that might reduce the likelihood of legal involvement. That LTC-16 looks like a good reference to have for one. Thanks.

[RoyGBiv]

It's been so long since the actual class I don't remember all the details of when/where it's ok to carry, to draw the weapon, etc. that might reduce the likelihood of legal involvement. That LTC-16 looks like a good reference to have for one. Thanks.

YVW.

I should have also included a link to Handgunlaw.us Texas page...
As much as I like the LTC-16 document, @Mike S is not crazy when he says it can be a tough read...

I think this is a good "Readers Digest" version..
https://handgunlaw.us/states/texas.pdf

[Vol Texan]

Leo,

I hear you on wanting a “Reader’s Digest” version. The law can get dense fast, and even instructors have to revisit it from time to time to keep it straight.

One thing I always tell people is that you do not necessarily need a new book or a long reading list to get a solid refresher. Sometimes the easiest way to go back over the basics, like where you can carry and when force is justified, is simply to sit through the LTC class again.

For what it is worth, I have always offered my classes free to anyone who just wants to learn. The only time I charge is when someone needs the actual completion paperwork at the end. Over the years I have had all kinds of people sit in just for the information:

• People who carry under permitless carry but still want to understand the laws
• Spouses who do not like guns but want to ask the hard questions
• College faculty who want to understand campus carry.
• Long time license holders who want a refresher

All of these folks take the class completely free. Since they are not needing the state paperwork, there is nothing to charge for under my business model. If I am already teaching a group, having one or two extra people costs me nothing, and they usually bring in questions or perspectives that help everyone. It is not completely altruistic either. Every now and then someone who came “just to learn” ends up saying they might want to get a license after all. If they decide to do that, I am happy to help with the paperwork. I never push anyone in that direction, but I never tell them no either.

And since there are several instructors on this forum, I will add something that has helped me a lot. It is useful for instructors to audit each others classes from time to time. I have sat in on other instructors courses, and they have sat in on mine. We may technically compete for students, but in reality we reach different communities and there are more than enough students to go around. Every time I have done this, both instructors walked away with a new idea or a better way to explain something.

So if you or anyone else wants a simple, plain language refresher without digging through statutes, you are always welcome to sit in on one of my classes for free. No pressure and no sales pitch. Just an easy way to go back over the material.

Happy to help however I can.

[LDB415]

Thank you guys for definitely helpful replies. A friend has offered the class as well. I may take that also later this month if all works out.