Texas: Victims have greater self-protection rights with 'Castle' law

[Ilsa]

This took effect Sept 1, per the article.

Victims have greater self-protection rights with 'Castle' law

snip

He (Perry) continued, "I am proud to sign the Castle Law, which allows Texans to not only protect themselves from criminals, but to receive the protection of state law when circumstances dictate that they use deadly force."

In 1973, the Legislature passed a bill that became law and dictated that a citizen must "retreat" from an assailant before even considering lethal action. In 1995, citizen rights were expanded somewhat to allow a person to use deadly force against an attacker who was illegally entering his or her home.

snip

It states that a motorist who is assailed in his or her vehicle, or a business owner or employee who is the victim of violent actions in the workplace, may now stand their ground without retreat, and use deadly force to ward off the attack.

A citizen may also now use deadly force to stop a felon from committing or attempting to commit such crimes as murder or sexual assault against, unlawfully entering a place, or illegally trying to remove someone from a place.

snip

http://www.thevictoriaadvocate.com/103/story/125790.html

[varkam]

1. Ruh-roh.

Well, it is Texas...

[rockymountaindem]

5. We have the same law in Colorado

Suits me.

[varkam]

6. I guess I'm concerned with "trying to illegally remove a person"

It just rubs my bristles the wrong way.

[benEzra]

13. If somebody's trying to abduct you or a family member, surely you'd say self-defense is justified...

I guess I'm concerned with "trying to illegally remove a person"

That's saying that if somebody ELSE is trying to illegally remove a person from your house or car--i.e., they are committing a kidnapping/abduction--you can use potentially lethal force to stop them.

I don't know about you, but if I or my wife see a guy "illegally removing" my son or daughter from our property, or from our car, that guy is going down. Use of force to prevent that is legal in every state that I am aware of, even states that do not have explicit stand-your-ground laws.

This could also apply to carjacking, as I read it, depending on the circumstances.

[man4allcats]

9. I live in Texas. I think it's a good law.

I don't buy much of what passes for Texas politics, but it is true that "some folks jus' need killin'." YeeHa!

[varkam]

11. Some folks just need killin', huh?

:scared:

[man4allcats]

12. No stranger need be

:scared: so long as that person does not come into my house uninvited. Any stranger who does, however, "needs killin'."

[varkam]

15. Well I guess I disagree that anyone needs killing.

Such people might have to be killed, but I guess I would regard that as unfortunate.

[man4allcats]

16. Hey, Hombre!

Bandit: Hey, Hombre. A compliment on your shooting. You have put a hole in me. Look amigo, how close you come! I never had a bellyache like this since I'm a little boy.

Russell: I tried to do better; I think you moved.

Bandit: You can be sure I move! How do you prefer them, eh, tied to a tree?

Russell: That'd be nice.

Bandit: You like to pull the trigger, eh?

Russell: I can do it again for you.

Bandit: Yes, I bet you could.

____________________________________

From the classic 1967 Western Hombre. Paul Newman played the protagonist, John Russell. The Mexican bandit was played by Frank Silvera.

[Eric J in MN]

2. How is the gunman supposed to know if a trespasser is a "felon"?

"A citizen may also now use deadly force to stop a felon from committing or attempting to commit such crimes as murder or sexual assault against, unlawfully entering a place, or illegally trying to remove someone from a place."

Is someone trying to enter your apartment? Don't worry that he might have gotten confused about the apartment number. Kill him. (sarcasm)

[theredpen]

3. Puh-leez

The law requires that you can establish a credible threat. Someone fumbling outside your door, trying to open it with the wrong key is not a credible threat.

That's why you have to have a throw-down to plant on the guy.

[benEzra]

14. Ummm...if he's breaking in, that's a clue.

Most states allow the use of potentially lethal force to stop an illegal home invasion, and with good reason. The guy kicking in your back door or coming in through your window is probably not there to sell magazine subscriptions.

[beevul]

4. Is there a problem with this being passed? N/T

[Rex]

7. YEEEEEHAAAAAAAAAA!!!

sorry.

[aikoaiko]

8. We have a similar law in GA, it works for us.

Explicitly getting rid of any requirement to retreat it great. and providing extra protection against civil litigation is real benefit for the good guys.

[Warren DeMontague]

10. They can defend themselves with a gun, but if they use a vibrator, it's off to the slammer.

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/12/16/MNGEA3O52I1.DTL&type=printable