Texas Castle Law
What are your thoughts about the Texas Castle Law?
Here is the definition:
QUOTE (en.wikipedia.org/wiki/Castle_Doctrine) |
Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what amount of retreat or non-deadly resistance (if any) is required before deadly force can be used. In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine: * An intruder must be making an attempt to forcibly enter a premises uninvited * The intruder must be acting illegally -- I.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties * The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home * The occupant(s) of the home must reasonably believe that the intruder intends to commit a felony * The occupant(s) of the home must reasonably believe that the intruder intends to commit arson * The occupant(s) of the home must reasonably believe that the intruder intends to commit burglary * The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an office of the peace while they are performing or attempting to perform their legal duties. |
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"Castle Law"
It's an age-old notion, "A man's home is his castle." And now, a controversial new Texas law, dubbed the "Castle Law," is putting it on the books?giving homeowners unprecedented rights to use deadly force against intruders. ABC's Chris Bury has the story of 61-year-old Joe Horn, who is facing backlash after using the law to justify shooting two burglars fleeing his neighbors' home.
Name: Robert
Comments: Re: Texas "Castle Law" - Mr X is driving on a Texas street in his own automobile. Mr. Y is following in another car. Y apparently does not like the way X is driving and keeps honking his horn and making gestures at X. X pulls off the road and stops in an effort to avoid Y. Y then pulls off road in front of X. Y then gets out of his car carrying a "tire iron". Y then approaches the X vehicle brandishing the "tire iron". Y is yelling and swings the "tire iron", breaking the window glass beside X. Y attempts to grab X through the broken window. Is X justified in shooting and killing Y in defense of self under the provisions of the Castle Law?
Source 1: Texas Castle Law, 2007
No Mr. X is not justified for killing Mr Y under the castle law since he is not in his home. He does have the right to shoot and kill out of fear for his life. This falls under the self defense rule.
I believe texas is trying to revamp the protection of ones home or his castle. I do not believe that the new castle law will cover a person in his own privately owned vehicle. Then again I am would have to see the exact wording they use if it is passed.
Name: Larry
Comments: Yes indeed....Mr. Y is now a dead man, and after the Grand Jury states so, maybe I can have the tire tool to hang on my wall.
Name: Eric
Comments: No. Mr. X has every right to shoot and kill Mr. Y. Under the new Castle Law in Texas, a vehicle is an extension of your property. That is why Texans are now permitted to carry firearms under 21 inches in length (pistols) in their vehicles without a CHL or other license.
I would like to see the wording of this new law. If someone in texas can post the new law in its formal wording I would like that.
I have to say that if they look at the castle law as being extended to their personnel vehicles it will change a lot of things in that state.