Update: The video is from South Africa not from Texas as we first reported we are sorry for the inconvenience.
The incident reportedly occurred at La Gratitude Circle in Lonehill Sandton.
Still, the video shows a really good example of self-defense!
Once again we are sorry for the inconvenience and the misinformation.
The homeowner had a permit for the gun which makes hs legal battle easy!
We decided to keep our research about Texas self-defense laws here:
Remember, many states strictly forbid the use of deadly force to protect your property.
Let’s look at the potential criminal consequences you could face if you decide to confront these types of perpetrators with force or deadly force.
Texas Penal Code Section 9.41 explains that a person is allowed to use force, but not deadly force, to terminate a mere trespass or interference with property.
“Trespass” occurs when a person enters onto or into property, knowing that entry is forbidden or remains on the property after being told to leave by someone with authority.
“Theft” or “Interference with Property” occurs when a person takes another’s property with the intent to deprive them of that property and without the owner’s consent.
Going back to the example above, if you grab your firearm, go outside and fire a shot at the trespasser or someone merely creeping around your yard, you will likely find yourself facing a serious felony. In these circumstances, Texas Law only permits the use of force, not deadly force.
Now, what if the trespasser sees you, but instead of running away, he comes toward you with a weapon in one hand and your property in the other? It’s important to note that this is no longer a mere trespass. It has quickly changed to an attempted murder or an aggravated robbery. This distinction is important when we discuss the use of force or deadly force because if you choose to use deadly force and fire upon the perpetrator, your conduct will likely be justified.
Remember, the starting point for using force or deadly force in Texas can be boiled down to two things: reasonableness and immediate necessity.
So, when can you use deadly force in Texas to protect property? Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. These are arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
Turning to the second example we discussed earlier, the sound of breaking glass and finding your front door wide open. It is very likely that you’ve discovered the imminent commission of one or more of the crimes where Texas law allows the use of deadly force. The bad guy is no longer a mere trespasser and his conduct is elevated to the point where he’s probably committing or attempting to commit burglary or worse.
This man has every right to exercise his second amendment rights in this situation!
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