Texas

Texas has a long history of firearm laws, with significant developments regarding the license to carry (LTC) over the years. In 1995, Texas enacted its first concealed carry law, allowing individuals to obtain a license after meeting certain requirements, including a background check and training course. This marked a significant expansion of gun rights in the state. In 2017, Texas further strengthened its gun laws by passing legislation that allowed licensed individuals to carry concealed handguns on college campuses, reflecting the state's strong support for personal firearm rights. The most notable change came in 2021 with the passage of Senate Bill 1927, which established "Constitutional Carry," allowing individuals aged 21 and older to carry handguns without a permit, provided they are legally eligible to own a firearm. This law has underscored Texas's commitment to upholding the Second Amendment.

Eligibility to Obtain a License

Under Tex. Gov't Code Ann. § 411.172, a person is eligible to obtain a license to carry a handgun if the person:

• is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
• is at least 18 years of age;
• has not been convicted of a felony;
• is not a chemically dependent person;
• is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
• has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
• has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
• has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
• is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
• has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

Training Requirements to Obtain a Texas LTC:

Under Tex. Gov’t Code Ann. § 411.188, someone seeking a Texas LTC must attend an in-person or online instruction course that may be four to six hours, and must cover the following four (4) statutorily required topics:

• Laws that relate to weapons and the use of deadly force,
• Handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns,
• Non-violent dispute resolution,
• Proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.
• They must additionally complete a written examination and a shooting proficiency qualification.

Written Exam: 

• The written exam is 25 questions long, and a student must score at least 70% (or 18/25) to pass.

Proficiency Demonstration: 

• The student shall complete a proficiency demonstration with a qualified instructor and earn a score of at least 70% (175 out of 250).

Texas Permitless Carry Law:

As of 2021, people who qualify under the law can carry a handgun (openly or concealed) in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits.

 Tex. Penal Code § 46.02

Generally, to carry a handgun in public in Texas without an LTC, a person must:

• Must be 21 years of age or older; (Note: a recent court decision may affect the age restriction)
• Must not be prohibited from possessing a firearm in a public place under Texas law;
• Must not have been convicted of: (1) Assault Causing Bodily Injury; (2) Deadly Conduct; (3) Terroristic Threat; (4) Disorderly Conduct - Discharging a Firearm; or (5) Disorderly Conduct - Displaying a Firearm within the previous five years; and
• Must not be prohibited from possessing a firearm or ammunition under federal law.

These changes did not give the right to carry a handgun to anyone who was prohibited before the amendment took effect.

While the Firearm Carry Act of 2021 significantly reorganized Texas weapons law  (Tex. Penal Code Chapter 46), we generally focus on the carrying of a handgun in this class. Long guns and handguns are now treated the same under Texas law, which means the restrictions discussed in this course will apply to both types under Tex. Penal Code § 46.03.

A person carrying a handgun in public under the authority of the Act has two methods of carrying:

• Concealed: No part of the handgun is visible based on ordinary observation. Examples of concealed carry: No part of the handgun is visible while inside a pocket, bag, holster, case, or jacket. This is not an exhaustive list.
• Openly Carried in a Holster: A handgun that is partially or wholly visible based on ordinary observation must be carried in a holster. Examples of open carry in a holster: handgun is partially or wholly visible while being carried in a belt holster, shoulder holster, ankle holster, appendix holster, pilot holster, chest holster, or backpack holster (to name a few).

• It does NOT eliminate the LTC. They will still be issued.
• It does not apply to anyone under the age of 21. (pending recent court decision)
• It does not allow someone to carry outside of the state of Texas without a license
• It does not allow someone to carry to a K-12 school.
• It does not exempt you from the background check when purchasing a firearm

Texas Law

Under Tex. Penal Code Ann. § 46.06, in Texas, a private party may sell/give a firearm to anyone except if the person:

1. sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
2. intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;*
3. intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
4. knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
5. sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
6. knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

*It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.

Tex. Penal Code Ann. § 46.06(c)

Magazine Restrictions:

Texas has no law restricting the ammunition capacity of magazines.

Weapon Type Restrictions:

In Texas, a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

• an explosive weapon (unless properly registered with the ATF);
• a machine gun (unless properly registered with the ATF);
• a short-barrel firearm (unless properly registered with the ATF);
• armor-piercing ammunition;
  • “Armor-piercing ammunition” means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.
• a chemical dispensing device;
  • “Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
•  a zip gun;
  • “Zip gun” means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
• a tire deflation device; or
  • “Tire deflation device” means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.
• an improvised explosive device.
  • “Improvised explosive device” means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.

Places Where Firearms Are Prohibited Under Texas Law:

1. On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or (B) the person possesses or goes with a concealed handgun that the person is licensed to carry, and no other weapon, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
2. On the premises of a polling place on the day of an election or while early voting is in progress;
3. On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
4. On the premises of a racetrack;
5. In or into a secured area of an airport; [or]
6. Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited;
7. On the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
8. On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event;
9. On the premises of a correctional facility;
10. On the premises of a civil commitment facility;
11. On the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;
12. On the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration;
13. In an amusement park; or
14. In the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter, and
15. Posted “No Gun” Properties (see Tex. Penal Code §§ 30.06 and 30.07)

Premises is defined as a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code § 46.03(c)(4)

Amusement Park means a permanent indoor or outdoor facility or park

• where amusement rides are available for use by the public
• that is located in a county with a population of more than one million,
• encompasses at least 75 acres in surface area,
• is enclosed with access only through controlled entries,
• is open for operation more than 120 days in each calendar year,
• and has security guards on the premises at all times.

The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code Ann. § 46.03(c)(1)

Administrative Regulations may also prohibit carry in the following areas:

• Assisted living facility (Tex. Health & Safety Code Ann. § 247.065(b)(9);
• Foster homes (40 Tex. Admin. Code § 48.8907(i)(6));
• Certain grounds of a licensed horse racing association (16 Tex. Admin. Code §§ 311.211, 311.215);
• Facilities offering or providing chemical dependency treatment services (25 Tex. Admin. Code § 448.505);
• Public hunting lands, except by persons authorized by the Parks and Wildlife Department to hunt or conduct research on the area (31 Tex. Admin. Code § 65.199(2)).
  • This provision does not apply to LTC holders with a handgun.
• Child-care centers, unless the child-care center is also your residence (26 Tex. Admin. Code § 746.3707).

Texas Open Carry Law

On September 1, 2021, Texas’ permitless carry law took effect which now allows an individual to open carry without a Texas LTC.

However, a person openly carrying a handgun under the authority of Texas permitless carry must keep the handgun holstered. A handgun should not leave the holster unless the person is acting in justified defense (see Texas Penal Code Chapter 9) or other lawful activity.

Open carry (partially or wholly visible) is not permitted, regardless of whether the handgun is holstered, in several areas, including:

• On the premises of an institution of higher education or private or independent institution of higher education.
• On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education.

Tex. Penal Code Ann. §46.035(a)

Texas Law

Texas has a uniquely complicated framework of laws that creates several categories of prohibitions related to signage, with each type of sign corresponding to different methods of carrying firearms. The various forms of Texas signage are described below.

TEXAS PENAL CODE SECTION 30.05 NO GUN SIGN

The “30.05” sign comes from the newly enacted Firearm Carry Act of 2021. Tex. Penal Code § 30.05(c) gives property owners a new option. This sign provides notice to exclude only those carrying without a Texas License to Carry (“LTC”) or other recognized license or permit in places governed by the general trespass statute.

LEGAL REQUIREMENTS FOR 30.05 SIGNS

• The legal requirement for this sign has been simplified. The standard: Is the sign reasonably likely to come to the attention of the person entering the area where entry with a firearm is prohibited? Because this requirement is so broad, we could see various signs develop. Should a non-license holder choose to disregard these signs, it is punishable as a limited Class C Misdemeanor. Under these specific circumstances, a Class C Misdemeanor is punishable by a fine of no more than $200. However, should a person receive oral notice from a person with apparent authority e.g., owner, employee, ) and refuse to depart, it becomes a Class A misdemeanor—an arrestable offense with much more severe consequences.

DOES 30.05 APPLY TO LTC HOLDERS?

• NO! These signs apply to non-license holders; they are not effective against a person carrying under the authority of an LTC. However, these signs may indicate a property owner’s wishes to prohibit firearms. Remember, you should depart immediately if you are told that firearms are not permitted on the premises by a person with apparent authority. Check out our complete video breakdown. Explained: What is a Texas Penal Code § 30.05 Trespassing Sign?

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"GUNBUSTER" SIGNS

These “no gun” signs are commonly called “gunbusters.” Previously, this image alone did not carry any force of law. However, we have to remember the broad-sweeping language for the 30.05. These likely have the same effect as the specific 30.05 sign above.

This sign alone may preclude someone carrying under the Firearm Carry Act of 2021 (“constitutional carriers”) from carrying into the premises. Still, it would not affect handgun licenses (LTC) and permit holders.

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TEXAS “BLUE” NO GUN SIGN

We see this sign outside of grocery stores, gas stations, and restaurants. This sign has given more than a couple of headaches to LTC holders in the past. However, since Texas Constitutional Carry has gone into effect, these signs no longer have any legal meaning. Both LTC holders and constitutional carriers may disregard unless otherwise prohibited from carrying in that location.

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TEXAS “RED” 51% NO GUN SIGN

This is a 51% sign, meaning the business has a liquor permit or beer license. It also means the company receives 51% or more of its income from the sale of alcohol for on-premises consumption. This sign applies to both LTC and constitutional carriers. Carrying a firearm into a 51% business (except under strictly limited circumstances) is a serious felony. The Penal Code requires the sign to be conspicuously placed. However, we have seen these signs posted on inside walls and behind the bartender, so stay vigilant!

BAD NEWS FOR PERMITLESS CARRY

• It is important for constitutional carriers to remember that while these signs are required for LTC holders to be held criminally liable, there is no legal requirement that constitutional carriers be put on notice. As a result, even if there is no 51% sign effectively posted, a constitutional carrier can still be held responsible for violating the statute if the business receives 51% of its income from alcohol.

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TEXAS PENAL CODE SECTION 30.06 AND 30.07 NO GUN SIGNS

30.06 and 30.07 signs only apply to LTC holders. In short, a Tex. Penal Code § 30.06 sign that meets all legal requirements prohibits the concealed carry of a handgun by a license holder in or on the premises. A Tex. Penal Code § 30.07 sign that meets all legal requirements prohibits the open carry of a handgun by a license holder in or on the premises. If both signs are posted, it means that both open and concealed carry of a handgun by a license holder is NOT authorized.

Interestingly, the language used by the signs, which mirrors the language of the statutes, specifically states that the signs apply to license holders but does not mention those carrying without an LTC. Because of this distinction, there is a strong legal argument that these signs do not apply to constitutional carriers. However, we haven’t seen this argument has not been tested in court.

In most instances, this trespass is a Class C Misdemeanor (punishable by a $200 fine only). However, the penalty increases to a Class A Misdemeanor if the license holder was personally given oral notice by a person with apparent authority and failed to depart. A Class A Misdemeanor is punishable by up to a year in the county jail and a fine of up to $4,000, plus court costs.

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TEXAS GUN FREE ZONE SIGN

These signs serve as a warning under state and federal law. Under Tex. Penal Code § 46.11, this sign does not create a new crime but is a good indicator that certain weapons crimes committed by any person in that area (within 300 feet of a school) may have a heightened criminal penalty. These areas are a “weapons-free zone” under Texas law. Under federal law, this sign serves as a warning to non-Texas LTC holders, including constitutional carriers, that it would be a crime to possess a firearm on the grounds of or within 1,000 feet of a school. There are additional exceptions to the federal law that make it a bit more sensible—but for the purposes of this article, we are limiting our discussion to handgun licenses issued by the state in which the federal gun-free school zone is located.

NOTE ON SIGNS POSTED ON FEDERAL PREMISES OR FACILITIES

• Generally, federal facilities and property, including VA Hospitals, US Post Offices, parking lots, and grounds, are off-limits. Please be sure to use extreme caution and take time to learn the law before carrying in one of these locations, as it is likely illegal regardless of a person’s status as a handgun license or permit holder.

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TEXAS PENAL CODE SECTION 46.03 NO GUN SIGN

Texas law also prohibits anyone from carrying in several general locations (listed in Tex. Penal Code § 46.03), including schools, polling places on the day of an election and early voting days, courts, racetracks, the secured area of an airport, within 1,000 feet of the premises of an execution, correctional facilities, sporting events, hospitals, and amusement parks.

Recently, the Texas Legislature provided a new option under Tex. Penal Code § 46.15(o) allows these locations to provide notice of their status as a prohibited location by posting the sign pictured above. The posting of this sign removes the availability of a possible defense to prosecution for unintentionally carrying in a prohibited location. Regardless of effective notice, constitutional carriers and LTC holders can’t legally carry at these locations (with limited exceptions). Generally, this is a 3rd-degree felony, although a hospital, nursing facility, or amusement park is a Class A misdemeanor.

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TEXAS SECURE FACILITY NO GUN SIGN

This is a much less frequent sign that only appears on the entrances of nonpublic, secure areas of law enforcement facilities that arise under Tex. Gov’t Code § 411.207 and Tex. Code of Crim. Proc. Art. 14.03. Under these provisions, peace officers acting in the lawful discharge of their official duties may temporarily disarm a person in the secured portions of a law enforcement facility, provided the facility has a gun locker to store your firearm. Rest assured, though, upon leaving the secured area, the officer must return your weapon to you immediately.

Texas Law

A license holder commits an offense if, while intoxicated, the license holder carries a handgun...regardless of whether the handgun is concealed or carried in a holster.

Tex. Penal Code Ann. § 46.035(d)

A license holder commits an offense if the person:

• Carries a handgun while the person is intoxicated; and is not:
• On the person’s own property or property under the person's control or on private property with the consent of the owner of the property; or
• inside of or directly enroute to a motor vehicle or watercraft:
• that is owned by the person or under the person's control; or
• with the consent of the owner or operator of the vehicle or watercraft.

“Intoxicated” means:

Not having the normal use of mental or physical faculties by reason of the introduction of:

• alcohol;
• a controlled substance;
• a drug, a dangerous drug;
• a combination of two or more of those substances or any other substance into the body;
• or having an alcohol concentration of 0.08 or more.

Tex. Penal Code Ann. § 46.02; Tex. Penal Code Ann. § 49.01

Texas Law

Texas will allow anyone eligible to possess a firearm under federal law to carry a concealed handgun in their vehicle (loaded or unloaded), regardless of whether they have a recognized license or permit. Additionally, persons who have a recognized license or permit or are carrying under the authority of Texas permitless carry may openly carry a handgun in a holster in a vehicle.

Tex. Penal Code § 46.02; 18 U.S.C. § 922(g).

Texas Law

A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

1. failed to secure the firearm; or
2. left the firearm in a place to which the person knew or should have known the child would gain access.

Texas Law

Texas does not require a license or permit to carry knives, stun guns, and small commercially available chemical sprays for personal protection (e.g., mace, pepper spray, etc.).

Tex. Penal Code § 46.02.

 A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

1. any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice
   • a chemical dispensing device;

Tex. Penal Code Ann. § 46.05

“Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Tex. Penal Code Ann. § 46.01

Spradley v. State

1. In a 2003 Texas case, an individual was convicted for possession of a chemical dispensing device; after the individual who was not a police officer was arrested, police found in his possession a large can of pepper spray containing 10% oleoresincapsicum (OC) solution, which was labeled for law enforcement use only. A crime lab chemist testified that personal use OC spray was one-half size of the can found in defendant's possession and was labeled either 2% or 3% in concentration, and to buy the 10% OC spray, one must present police identification.
2. Because the defendant was not a police officer, and was found in possession of a "large can" of pepper spray labeled "for law enforcement only," they were convicted of possession of a chemical dispensing device in violation of Tex. Penal Code Ann. § 46.05.

Spradley v. State, No. 14-02-00266-CR, 2003 WL 21282468 (Tex. App. June 5, 2003)

Texas Law

Requirement to display License

Tex. Gov't Code Ann. § 411.205

Seizure of Handgun and License

If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.

The provisions of Article 18.19, Code of Criminal Procedure, relating to the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.

Tex. Gov't. Code § 411.206

Temporary Disarming 

Tex. Gov't Code Ann. §411.207

Texas Red Flag Law

Texas does not have any laws that would fall within the category of Red Flag laws.

Texas Law

Self-defense is justified if:

1. the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
2. the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
3. a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Tex. Penal Code Ann. § 9.22

 A person is justified in using deadly force against another:

1. if the actor would be justified in using force against the other under Section 9.31; and
2. when and to the degree the actor reasonably believes the deadly force is immediately necessary:
   • to protect the actor against the other's use or attempted use of unlawful deadly force; or
   • to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Tex. Penal Code Ann. § 9.32

A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

1. knew or had reason to believe that the person against whom the force was used:
   • unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
   • unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
   • was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
2. did not provoke the person against whom the force was used; and
3. was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

Tex. Penal Code Ann. § 9.31

Texas Law

A person is justified in using force or deadly force against another to protect a third person if:

1. under the circumstances as the actor reasonably believes them to be, the actor would be justified in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
2. the actor reasonably believes that his intervention is immediately necessary to protect the third person.

Tex. Penal Code Ann. § 9.33

Madrigal v. State

A person is justified in using force to protect another so long as the accused reasonably believes that the third person would be justified in using force to protect herself...Additionally, the actor must reasonably believe that his intervention is immediately necessary to protect the third person.

Madrigal v. State, 347 S.W.3d 809, 817 (Tex. App. 2011).

Texas Defense of Habitation Law

A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

1. knew or had reason to believe that the person against whom the force was used: (1) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (2) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;

Tex. Penal Code Ann. § 9.31

Texas Defense of Property Law

Protection of One's Own Property - Tex. Penal Code § 9.41

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuitafter the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Tex. Penal Code § 9.41

Deadly Force to Protect Property - Tex. Penal Code § 9.42
A person is justified in using deadly force against another to protect land or tangible, movable property:(1) if he would be justified in using force against the other under Section 9.41; and(2) when and to the degree he reasonably believes the deadly force is immediately necessary:(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and(3) he reasonably believes that:(A) the land or property cannot be protected or recovered by any other means; or(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Tex. Penal Code § 9.42

 

Protection of Third Person's Property - Tex. Penal Code § 9.43

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.

Tex. Penal Code § 9.43

Use of Device to Protect Property - Tex. Penal Code § 9.44

The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and

(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

Tex. Penal Code § 9.44

Texas Civil Immunity Law

A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

Texas No Duty to Retreat Law

A person is not required to retreat before using deadly force:

1. who has a right to be present at the location where the deadly force is used,
2. who has not provoked the person against whom the deadly force is used,
3. and who is not engaged in criminal activity at the time the deadly force is used, 

Tex. Penal Code Ann. § 9.32

The use of force against another is not justified:

1. in response to verbal provocation alone;
2. to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction;
3. if the actor consented to the exact force used or attempted by the other;
   • • if the actor provoked the other's use or attempted use of unlawful force, unless:
       • the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
       • the other nevertheless continues or attempts to use unlawful force against the actor; or
     • if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
       • carrying a weapon in violation of Section 46.02; or

   Tex. Penal Code Ann. § 9.31