bleed wrote:You're right. I wouldn't wanna walk around in the front yard with it. Or even literally hold it in my hand in my garage. I just don't want some kid (that's who reportedly shot my neighbor, kid being a teenager in appearance) coming thinking I'm just gonna let him shoot at me and not shoot back or not possibly shoot him if I catch him in my home. I don't suppose putting a sign up would be too smart either. Parked my car in my garage tonight. I hope for his sake he wasn't casing my place thinking he's got a quick buck to grab. He's in for a 9mm surprise if he does.
OK...... long answer here, but bleed, please read it because it sounds like you might be a bit thin on some of the principles of use of force/deadly force in self-defense inside the home.
There is a lot of conflation of the two terms "Castle Doctrine" and "Stand Your Ground Law", but they don't always mean the same thing. The former applies to your home/vehicle, the latter to everywhere,
including your home/vehicle. The right to
claim self-defense under "Castle Doctrine" depends on whether or not you control the property in question, which is what differentiates it from your general rights to self-defense under "Stand Your Ground" law.
It boils down to this, and I'm sure there are some niggling details of code in the law I am overlooking here, but the general principle is that you have a legal right in Texas to
defend yourself by whatever means necessary — "THREAT of use of force", "Force" if required, "Deadly Force" if the threat rises to that level, but "defend yourself" necessarily excludes "assaulting someone else" —
in any place where you have a legal right to be, which necessarily include real property of which you are in control - whether that property is owned, leased, or rented. That means that,
on your front lawn, the exact same standards apply for use of deadly force as would apply at your local shopping mall — with the ONLY exception being that you have the right to have the trespasser on your lawn removed by use of force (if necessary), whereas you have no right to force the other party to leave the shopping mall. The main issue revolves around whether or not you may legally use force yourself, or whether that is a matter for the police. You can't just
assault someone just because they strayed onto your lawn. As obnoxious as some door-to-door salesmen can be, you can't whup their butts (or
threaten to whup their butts) just because they walked up to your front door. There is a continuum in which you must verbally tell them to leave, and then they must not only refuse to leave, but attempt an entry, or
threaten to enter, before you can respond by taking defense of yourself and home to the next level, using
threat of force, force, or deadly force, as appropriate.
You DO have the right to eject, or have ejected by police, a trespassing person from your property who will not leave when verbally told to leave. Whether or not it is
wise to use threats/force/deadly force to accomplish the ejection is a separate issue, and
HOW you remove someone from your property is part of that wisdom continuum. However, on the other side of that same transaction, if you are the trespasser, you do
not have a legal right to 1) stay on property where you have no legal right to be when told to leave, 2) resist with force when forced to leave, or 3) resist with deadly force when forced by means of deadly force to leave.
That leaves a middle ground that is sometimes foggy, and people who are new to CHL sometimes stumble around in this fog until they get a better understanding of their rights AND RESPONSIBILITIES when make the decision to carry a gun. In a story that was discussed on a shooting group's Facebook page I belong to, a homeowner shot and killed a night time backyard intruder after hearing his dogs barking. The home owner had one of those "We don't dial 911" signs on his front door. He is being prosecuted for murder. No link was provided, so I can't post it here, and that is all the details that I have. That said,
MY NFA-trust attorney, a former criminal defense lawyer and former prosecutor who is an avid gun guy and who is a member of that shooting group, posted comments in that thread saying that it was a "totality of the circumstances" kind of thing, and absent any details about the dead man having been an
actual threat to the homeowner, it would be very difficult to say that the homeowner was innocent. Just because you
feel threatened doesn't mean that you
are threatened. The perceived threat must be a
reasonable assumption. (You will see the words "reasonable" and "reasonably" popping up all through Texas use of force laws.) There are all kinds of non-threatening reasons for why someone could be stumbling around your back yard at night, having nothing to do with
your safety. Maybe he was drunk and lost. Maybe he was drunk and trying to sneak into his own house on the other side of the back fence so his wife wouldn't bust him. Maybe he was mentally handicapped and lost. Maybe he was a diabetic with high blood sugar-dementia due to lack of insulin who is lost and stumbling around.........and on and on and on. In other words, you can't just shoot somebody willy-nilly because he is on your property uninvited. There HAS to be a threat, and you have to be able to articulate that threat. If you can articulate the threat, then use of force/deadly force is justified.
Let's take that drunk guy stumbling around your back yard at night because he's lost and at the wrong address......
- RIGHTEOUS: You call the cops and have him taken away.
- RIGHTEOUS: you yell out the window that this is your yard and he'd better leave, and he leaves.
- RIGHTEOUS (but dumb): you exit the house with a pistol and order him to leave, and he leaves.
- RIGHTEOUS (but also dumb): you exit the house and confront him with a pistol, he refuses to leave, you aim the pistol at him, prone him out, and hold him for the police to arrive, they take him away. (And that's a whole 'nuther safety issue, as to the cops who arrive, which is the homeowner, the guy with the gun, or the guy at gunpoint?)
- QUESTIONABLE: ANY scenario in which the police arrive to find a wounded and/or dead intruder who was shot by you, particularly without witnesses.
If this happens inside your home, it changes the legal landscape again.
THAT IS WHY the law treats you differently if you shoot and kill a burglar during daylight hours rather than during the night time. During daylight, the burglar has a (sort of) reasonable expectation that you won't be home, and that's why he chooses daytime to commit his burglary. He doesn't want to encounter you. If you
are at home, he'll likely flee. If he does not flee, you have to verbally tell him to leave, OR take him at gunpoint and hold him for police, but you can't just shoot him because you're mad at him for breaking in. For you to righteously shoot him, he has to attack you......or at least go through the motions of attacking you. On the other hand, if he enters your home at night, he has a reasonable expectation of finding people at home,
and he doesn't care. Therefore, his unauthorized presence in your home IS a threat, and you are not under the same obligations that you are under in daytime. He doesn't have to attack you first before you can shoot him. His mere presence inside the home is threat enough to use deadly force.
Please do not take what follows personally, it is just a different look at the situation:
Years ago, when I used to have a job that had me out doing business related things all day long, I used to sometimes find a quiet place like a public park,
or a nice quiet cul-de-sac where I could park my car and eat my sammich while checking emails and calling customers back. I did not litter, but neither did I concern myself about what some homeowner might think about my presence. The street, even on a cul-de-sac, is a public right of way, and I had
every right to be there. I was not loitering. I was not disturbing the peace. I was not trespassing. I was not making obnoxious noises.
I was not behaving suspiciously (except perhaps in somebody's fevered imagination). Your guy in the car outside your home could have been me. And absent any
proof that his car and the piece of metal stuck in your doorframe are connected, you've got nothing. It might be nothing more than, you being a renter and not the owner, that was the first time you noticed it there, coincidentally at a time of heightened suspicion caused by the presence of the other guy in his car. Furthermore, if that had been
me in the car, I would not have
offered to leave. I would have told you that I am working, I am on a break to eat my lunch and make some calls, and that I will be gone 15 minutes when I'm finished. If you had then
told me to move on, my having every right to be there, I would have told you to go pound sand. I
don't mind being checked out by a homeowner; but I
won't be ordered around by one when I'm not on his property. Now, he can call the cops after I tell him to go pound sand, and if they show up before I am finished, I will tell them the same thing - that I'm just trying to finish my lunch in peace while I check in with a few customers, and then I'll be on my way. Most cops would tell the homeowner to get back to his property and leave me alone, because I have
every right to be there, and he has zero authority over my actions
until I trespass on his property. The young man in the blue car in your story may or may not have been a litterbug (you said yourself that you didn't
see him drop the litter), but he certainly had every right to be where he was, and it could have easily been that he was simply nice enough to take your concerns into consideration and offer to move along. You many not trust him, and that is your right, but he has rights too, and until he actually commits some kind of offense against you or your property (trespassing included), he had every right to be where he was.
AND BECAUSE HE HAD EVERY RIGHT TO BE WHERE HE WAS, if he was a CHL (you don't know that he wasn't), and you had walked up to him there in the street, on a public thoroughfare, gun in hand, and implied a deadly threat, HE would have been lawfully justified in shooting YOU in self-defense.....because he doesn't know who you are. You're just some guy who walked up to him with an angry look on your face and a gun in your hand. He was looking down, eating his sammich and texting his girlfriend, and the next thing he knows is he looks up because he sees a guy with a gun at his door.
So all this crap about open carry on your private property, and trespassing, and your rights to defense of self and defense of property mean that you had BETTER know what's going on, and know what YOU are doing as well as what the OTHER PERSON is (actually) doing before you react and give him a hole he wasn't born with. And then, the whole legal issues of OC aside, there are the ramifications of surrendering tactical advantages by broadcasting the presence of your weapon.......not to mention your neighborly relations. I am NOT against OC, but only a fool poops in his own bed, and only a fool disregards the effect of his own actions on the tranquility of his neighbors. If they don't care, then it isn't a big deal, but remember that you have to live there, and poisoning the well is counterproductive, so
wisdom would dictate having a sense of how your neighbors will feel about it if you OC in your front yard. If you don't care about poisoning the well, then fine. But remember that good neighborhood security ALSO depends on good neighborly relationships. And the bottom line is that if you have a CHL, you don't NEED to OC to have virtually the same protections. I'm NOT saying that my perception of your need should determine what you do. I AM saying that YOUR (accurate) perceptions of YOUR needs should determine what you do - and that includes the landscape of relationship dynamics in your immediate neighborhood and on your street.
Have a "big picture" approach. Don't get bogged down in whether you can do this or that specific thing in this or that specific situation. Rather, get to know the entirety of use of force law well and your rights within its context.
Charles Cotton, the owner of this forum, teaches an EXCELLENT use of force and use of deadly force in Texas seminar that I highly recommend if you can find him teaching one in your area. It will help you even more than your CHL class did to under stand your rights, and your obligations.