Non-legal legal advice

[Outback]

My neighbor owns a house and has lived with a lady from North Carolina for 2 years. She asked if the Castle doctrine would cover her for defending herself in the home she shares with him. Would she be able to defend herself from the house she doesn't technically own in a state she isn't a resident? Does that even matter? She works at home and is under the impression that if someone kicked the door down and meant to harm her she couldn't protect herself with a firearm.

Unrelated, if someone wasn't legally able to buy a handgun, would they also be restricted from using a handgun, present in the home and owned legally by their spouse or friend, to defend themselves?

Thanks

[Greenheadless]

Is it her place of residence? If so, I would think she would be covered.

Also, if it is her place of residence, the North Carolina roots are null, and she needs to update her residence information by law (i.e. drivers license, etc.).

[rladner]

I'm pretty sure you are allowed to defend yourself in a hotel room, which you don't own, nor do you have residency at. I'm sure a paying transaction has something to do with it, but who am I? Heck, I didn't even stay at a Holiday Inn so I should just shut my mouth

[Lawhunter]

My neighbor owns a house and has lived with a lady from North Carolina for 2 years. She asked if the Castle doctrine would cover her for defending herself in the home she shares with him. Would she be able to defend herself from the house she doesn't technically own in a state she isn't a resident? Does that even matter? She works at home and is under the impression that if someone kicked the door down and meant to harm her she couldn't protect herself with a firearm.


Probably, the statute you are referring to applies to your dwelling. If the home fits that then she good.
Unrelated, if someone wasn't legally able to buy a handgun, would they also be restricted from using a handgun, present in the home and owned legally by their spouse or friend, to defend themselves?

Depends. Can she only not buy a handgun because she is a nonresident? If this is the only reason then she good. If she is barred from buying firearms for criminal actions, then I wouldn't let the police know she is in a home with firearms.


Thanks

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[Mike D]

I'm pretty sure you are allowed to defend yourself in a hotel room, which you don't own, nor do you have residency at. I'm sure a paying transaction has something to do with it, but who am I? Heck, I didn't even stay at a Holiday Inn so I should just shut my mouth

You have temporary residence in a hotel room and it is at that time under your control.


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[tvc184]

My neighbor owns a house and has lived with a lady from North Carolina for 2 years. She asked if the Castle doctrine would cover her for defending herself in the home she shares with him. Would she be able to defend herself from the house she doesn't technically own in a state she isn't a resident? Does that even matter? She works at home and is under the impression that if someone kicked the door down and meant to harm her she couldn't protect herself with a firearm.

Unrelated, if someone wasn't legally able to buy a handgun, would they also be restricted from using a handgun, present in the home and owned legally by their spouse or friend, to defend themselves?

Thanks

The Castle Doctrine is meaningless gibberish as far as self defense.

You’re right to use deadly force in Texas is bound by Chapter 9 of the Penal Code. It goes by the circumstances at that time and that place and not who owns a gun, who can legally have a gun or any of that.

For example, if you’re a convicted felon and you possess A fire arm in your home unlawfully, that does not negate your right to self-defense. If you legally defend yourself by killing someone in a home invasion at 2 AM by a guy trying to rob you, you’re not guilty of murder because you’re a convicted felon. You are guilty of possessing the firearm illegally however they are two separate issues.

You ask about whether it even matters. No it does not.

I think in chapter 9 you will see that you have the right to self-defense no matter where you’re at including the right of not retreating. The issue is whether you reasonably were in fear of your life or serious injury.

Even defending another person’s property, you could use deadly force in some circumstances. Here in one subsection of chapter 9 he will see that you could use force or deadly force to protect another persons property if you had a reasonable believe they were trying to commit even a theft or damage to the property. It mentions 9.41 and 9.42 which is force and deadly force to protect your own property. Look under (1). Basically it says that you can defend another person’s property just as if it was your own if you had that reasonable belief that it was occurring. In most cases Texas law extends the right of self-defense to protecting other people or other people’s property as if it was our own and many or most

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY.

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;

or

(2) the actor reasonably believes that: (A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property;

or (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

In my opinion.

[AntlerCollector]

I don’t care who’s house I’m in! If someone breaks in and is trying to kill me I hope like hell I kill them first. Worry about the legalities later.

Is she really not gonna protect herself because of a Castle Doctrine?

We have a right to life written in the Constitution! That’s my legal defense

[Traildust]

I don’t care who’s house I’m in! If someone breaks in and is trying to kill me I hope like hell I kill them first. Worry about the legalities later.

Is she really not gonna protect herself because of a Castle Doctrine?

We have a right to life written in the Constitution! That’s my legal defense

That's what I was thinking.....if someones trying to kill me.....anything and everything goes!

[bowhunterhelm]

If she's been living there for two years it's her residence and she has all rights that go along with that. If she's been living there for two years she is a resident of Texas.

[Charles]

I agree with AC...I'll add, we need photos of said Lady.

[DRT]

Better to be tried by 12 then carried by 6.

Gary