Texas Gun Law Question

[Ætheling]

Texas Gun Law Question

Let me simplify this. If someone is using deadly force against my dog can I whoop his *** and or shoot him in the mouth? I know for a human passenger I can. If someone sights a weapon down on my dog can I shoot him first?

By can I mean not violating law.


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[systemnt]

Let me simplify this. If someone is using deadly force against my dog can I whoop his *** and or shoot him in the mouth?


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Can't answer the "Can" question...thats gonna depend on how big a boy you think you are.....and what you are prepared to pay for doing so...
but you should...

btw..all this constitutes pre-meditation for the ride home in case you're wondering

[Ætheling]

SUBCHAPTER C. PROTECTION OF PERSONS

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business......



SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

I think this is it. My dogs are my property. He attempts to destroy said property while on private property (my vehicle) I am justified to knock his teeth out. I have no want to rid a family of their father but if a weapon is used by the ****** than it is what it is.


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[Ætheling]

I would think if he would attack your dogs you could easily assume you were next and thus...the right to defend

My word against his and he isnt very talkative anymore right? [emoji1]


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[Ætheling]

why cant your dogs defend themselves? get more masculine dogs.
if hes walkin to your window, you arent doin road rage right.
are you ready to kill a human over your dog getting punched?
did he look like a minority? yes it matters apparently.
carry some slapyomomma hot sauce in your console... squirt to the eyes makes peeps forget all about you cuttin em off... and when the police come.. you were eatin when he walked by your winder.

no charge.

These are my dogs. There are many ones like this but these ones are mine. Without me my dogs are useless. Without my dogs I am useless. So be it [emoji23]



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[systemnt]

Might sound a little racist, but I am more afraid of the white one than the black one.

[yotethumper]

While this is a good question and I do not have a response I think there are also other questions that should be addressed.

1) How could you have de-escalated the situation? Did you roll the windows up? Did you ignore the person? Did you give vocal commands to de-escalate the situation?
2) Did you try to evade? Always evade if you can, when in doubt hit the gas and get out of the area.
3) Did you call 911? If the person is threatening you and pursuing you, call 911.

While we should ask these questions as law abiding citizens that carry firearms, its equally important to ask how can we avoid situations like this and get out of them before we have to use lethal force.

[35remington]

I think this is it. My dogs are my property. He attempts to destroy said property while on private property (my vehicle) I am justified to knock his teeth out. I have no want to rid a family of their father but if a weapon is used by the ****** than it is what it is.


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I posted it for you.

I would like both of you to show me where you are finding "he attempted to hurt my dog" in the enumerated actions of PC 9.42.

[Ætheling]

Might sound a little racist, but I am more afraid of the white one than the black one.

Your assumption is correct. He belongs to a girl who is 15 and she has had him since 3. He will bite your fingers or ankles off if you get to close to his to protect. Ha!


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[Ætheling]

I would like both of you to show me where you are finding "he attempted to hurt my dog" in the enumerated actions of PC 9.42.

I didnt find “my wife” either but we know thats applicable. Guess it will be up to the judge and god but someone would be much better off swinging on me than someone or thing who cant defend itself.


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[systemnt]

Your assumption is correct. He belongs to a girl who is 15 and she has had him since 3. He will bite your fingers or ankles off if you get to close to his to protect. Ha!


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got crazy eyes...

[Ætheling]

While this is a good question and I do not have a response I think there are also other questions that should be addressed.

1) How could you have de-escalated the situation? Did you roll the windows up? Did you ignore the person? Did you give vocal commands to de-escalate the situation?
2) Did you try to evade? Always evade if you can, when in doubt hit the gas and get out of the area.
3) Did you call 911? If the person is threatening you and pursuing you, call 911.

While we should ask these questions as law abiding citizens that carry firearms, its equally important to ask how can we avoid situations like this and get out of them before we have to use lethal force.

1. I didnt join into his verbal tirade. Im sure thats what he wanted. It ended there.

2. Stuck in traffic

3. See 1.


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[35remington]

I didnt find “my wife” either but we know thats applicable.

No, 9.42 is NOT applicable to your wife. Your wife is covered under 9.31. Try again.

[Ætheling]

Can't answer the "Can" question...thats gonna depend on how big a boy you think you are.....

6ft 4. 245 lbs and I can deadlift a house. Of course people never know who they are yelling at when they feel all so powerful in their car.



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[systemnt]

Ok.. gotta ask... why you dead lifting horses?
That seems like an odd hobby...