Friday, August 6, 2021

Texas - Defense of Property Case


Article is hereRelevant law is here and here - but there may be other sections of law that apply. And to be clear: IANALGenerally we think of Texas as being the only state that allows the use of lethal force to defend property. This case would seem to apply to that law - however, the clerk has been arrested and charged anyway.There is likely information we don't have - so let me get that out there now.But it seems to me that the requirements of the law have been met:A crime was committed: Robbery/BurglaryClerk was the lawful possessor of the stolen propertyClerk was in fresh pursuitThieves were going to leave with the property if he didn't actEvent occurred at nightAll of the above said, it is an affirmative defense, so it is possible, probable even, that the clerk has been arrested because he did indeed kill someone but that the case will be dropped by the DA or that he'll win in court.Still, this is instructive in that if you shoot someone even when the law permits that you may well be arrested. And you may well have significant legal expenses. Not sure if something like this, done in the course of employment, would be covered by a self-defense plan like USCCA, Texas Law Shield etc.Some things to think about and discuss. via /r/CCW https://ift.tt/3jxl27Q

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