DON’T MESS WITH TEXAS: Gov. Rick Perry has signed a “stand your ground” bill into law, allowing Texans to use deadly force — when legally justified — without first attempting retreat. The law takes effect Sept. 1.
Under existing law, Texans must generally try to flee from a criminal attack, if they can safely do so, before resorting to the use of deadly force in self-defense. (The law makes an exception when hoodlums break into a “habitation;” Texans have no duty to flee from their own homes.) But under the bill signed today, Texans will not have to retreat before using deadly force in self-defense if 1) they are in a place, e.g. home, office or vehicle, where they have a lawful right to be, 2) if they did not provoke their attacker and 3) if they themselves are not engaged in criminal activity. The law also shields Texans who use deadly force for self-defense from civil liability.
The text of SB 378 is here. The Texas Senate passed the bill by a vote of 30-0. The Texas House passed it by a vote of 133-13.
To be clear, your use of deadly force in Texas is justified only when, and to the degree, that you believe such force to be “immediately necessary” to protect yourself against another’s use or attempted use of unlawful deadly force and to prevent the “imminent commission” of certain felonies. (See TEX. PENAL CODE § 9.32.)
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