"Castle law" in Texas???

[Rockrz]

I was watching a news story about a guy (who lived in Texas) that had his house broken into while he, his wife, and small child were at home...and so, he went and shot the intruder, and the intruder died.

Anyway, the news story mentioned that this man was not charged with any crime due to some new "Castle law" recently enacted here in Texas.

Can anybody specifically explain what this is?
I thought here in Texas we already had the right to defend our home with force if needed.

[seamusTX]

Welcome to the forum

You are correct. The use of deadly force to prevent burglary has always been legal in Texas.

In 2007, the legislature removed an implied duty to retreat which was formerly in the deadly force law (Penal Code §9.32, IIRC), permitted the use of deadly force against anyone attempting to enter a habitation, place of business, or vehicle, and also gave immunity from civil liability when the use of deadly force is justified. The media frequently confuse this change with the previously existing law.

- Jim

[Keith B]

It is actually called the 'Castle Doctrine'. Here is a good link for an explaination http://en.wikipedia.org/wiki/Castle_Doctrine and here is a link to SB 378 that revised the wording relating to the use of force or deadly force in defense of a person in Texas effective Sept. 1 last year http://www.capitol.state.tx.us/tlodocs/ ... 00378I.htm

In a nut shell, it says you have no duty to retreat and can defned yourself, your home, vehicle. etc, including using deadly force if nessecary. It also limits the civil liability against you if the family trys to sue over a justified shooting.

EDIT: Looks like Jim and I were both typing about the same time.

[Rockrz]

Yes, but it sounds like this only applies to you while you are at home...UINLESS you have a concealed handgun permit.

I'd rather not get one of those because I don't think it should be the government's business whether I have any firearms or not.

Seems to me that if they ever outlawed guns, they would have this big list of people they would consider to be "criminals", which would be those that hold the concealed hand gun permits.

Maybe I'm over thinking, I don't know.

[propellerhead]

I'd rather not get one of those because I don't think it should be the government's business whether I have any firearms or not.

Seems to me that if they ever outlawed guns, they would have this big list of people they would consider to be "criminals", which would be those that hold the concealed hand gun permits.

Maybe I'm over thinking, I don't know.

Purchase records or licenses don't mean a thing. I can sell all my guns without having a record. Having a CHL does not mean I have a gun. Many people get the license before buying a gun.

[gregthehand]

Having a CHL has no affect on the Castle Doctrine. Also while I understand your frustration with having to get a CHL so you can practice a fundamental right I think it's important to try and change the things around you that you currently can. IF you carry a weapon without a license and get caught there is a good chance you will go to jail. I also don't think they are going to outlaw guns entirely anytime really soon so I wouldn't worry about that aspect of it. Bucking they system and carrying without a license may sound like a good idea to you but I promise you it's not....

[seamusTX]

Seems to me that if they ever outlawed guns, they would have this big list of people they would consider to be "criminals", which would be those that hold the concealed hand gun permits.

The federal government knows anything that it wants to know.

Have you ever purchased ammunition or shooting supplies with credit card? Do you subscribe to any firearms-oriented magazines? Have a hunting license? Belong to a range or club? Sent or received e-mail discussing firearms?

- Jim

[Rockrz]

Oh, I'm not advocating carrying in public without having a concealed handgun permit.
I have no adult criminal record, and would like to keep it that way!

I was just pointing out that it sounds like the castle doctine's inclusion of one's automobile, and work place only applies to those that have the concealed handgun permit since you're not supposed to have a gun out in public without it.

It's my understanding that I can have a shotgun or deer rifle in my truck, but I'm still unclear if it is required to be in plain view.

Have you ever purchased ammunition or shooting supplies with credit card? Do you subscribe to any firearms-oriented magazines? Have a hunting license? Belong to a range or club? Sent or received e-mail discussing firearms?- Jim

No to all of the above. The only thing I've ever done to remotely give the impression I was even interested in firearms was post on a couple of talkboards related to guns.

[seamusTX]

You can have a handgun in your vehicle, as long as it is concealed. You can have a long gun anywhere weapons are not prohibited, and it can be loaded and in plain view.

- Jim

[Rockrz]

You can have a handgun in your vehicle, as long as it is concealed.- Jim

Without a concealed handgun permit, I wouldn't want to chance it because if caught I'd end up with a criminal record.

You can have a long gun anywhere weapons are not prohibited, and it can be loaded and in plain view.- Jim

Yes, but I would not want to put it in plain view, so can it be hidden???

[seamusTX]

It is completely legal to have a concealed handgun in your vehicle without a CHL. See PC 46.02: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm. Some police officers may not have received the news, though, as this change in the law was effective Sept. 1, 2007.

You can have a long gun in plain view or concealed. That has been the law forever.

- Jim

[Rockrz]

Interesting. Thanks for the link.

I'm wondering now how all the county attorney's across the state are looking at this if you are caught with a hand gun in your vehicle without a carry permit.

I have no criminal record, and I don't do crime, so I should be able to carry in my truck as long as it is concealed as the penal code says.

[jimlongley]

Yes, but it sounds like this only applies to you while you are at home...UINLESS you have a concealed handgun permit.

I'd rather not get one of those because I don't think it should be the government's business whether I have any firearms or not.

Seems to me that if they ever outlawed guns, they would have this big list of people they would consider to be "criminals", which would be those that hold the concealed hand gun permits.

Maybe I'm over thinking, I don't know.

What propeller and other has said, reiterated and reemphasized.

And the state has no idea of the existence of any guns I may have purchased in other states, and before Brady, and even before GCA '68, or in private deals, nor their dispositions.

I have a friend, well, co-worker, who has a CHL but no guns, friend and spouse are for concealed carry and are saving up to buy each a carry gun, but none yet.

[Rockrz]

I wouldn't mind buying a few more pea shooters via Face to Face, but I don't know anybody selling.

Can you do Face to Face at gun shows, or is it required to file paperwork for that type of purchase?

[Crossfire]

Rockrz - You can take the CHL class, get the answers to all your questions, know the law, and THEN decide if you want to get the license.

Taking the class does not obligate you, only educates you.