Texas Law Shield
10,913 Views | 39 Replies
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Hoss
9:24a, 4/30/12
Haven't read this whole thread yet so not sure if I'm repeating what others have said...

I did my renewal with Central Texas Gun Works last summer. I actually hosted the class at my house and Mike and his helper came to us (we had a large group from our church taking the class). We didn't get a 20 minute talk from the TLS guy because he wasn't available that day, but Mike did tell us about it and we did discuss the legal ramifications of a defensive shooting. The things he discussed with us were right in line with what the OP stated above.

I have no personal experience to draw from since I've never had to shoot anyone, but I have ALWAYS heard the exact same thing about self defense shootings. "Every bullet has a lawyer attached to it." In Massad Ayoob's book, "In the Gravest Extreme", he pretty much says the same thing. You WILL be arrested while the police try to sort things out and there will almost always be legal fees involved. I'm sure there are exceptions, but based on everything I've always heard and read you can pretty much plan on being arrested and spending money if you have to shoot someone.

That being said, all of that was before the Castle Doctrine came along. Prior to the Castle Doctrine even if you were no billed or found not guilty in a criminal court you could still be sued by the victim or his family in a civil court. My understanding is that the Castle Doctrine took that away, so that if you are no billed or found not guilty in a criminal court then you also cannot be sued in a civil court.

I didn't sign up for TLS when I took the class with Central Texas Gun Works, but my reason for not doing so was mostly because I feel like the chances of me ever having to shoot someone are so low that it doesn't justify the cost of the monthly fee. I don't really have a problem with CTGW teaming up with a lawyer to sell that service for those who are interested...and I think it's good that they talk about what might happen after a shooting.
76Ag
11:18a, 4/30/12
If someone sees your concealed weapon or if you brandish it or use it to difuse a situation you can be arrested and will need legal representation. It does not have to be a situation where the weapon is fired. That is a main reason why I signed up.
htxag09
11:41a, 4/30/12
It's my understanding that under the Castle Doctrine you can still be sued. You won't be arrested/convicted, but still liable for any civil lawsuit which is bound to follow. People want an easy buck they didn't work for. So if their deadbeat son whom they haven't talked to in two years is killed because he threatened your life, they'll see that as a paycheck and sue.
Breggy Popup
12:14p, 4/30/12
quote:
CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

Sec. 83.001. CIVIL IMMUNITY. 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.

Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007.


The only part I am unclear about is that the Chapter title says "In Defense of Person" while the actual statute just says "Justified under Chapter 9". Chapter 9 also provides justification for defense of property.

In defense of person you are immune from civil liability if you are found justified under Chapter 9.
Hoss
12:56p, 4/30/12
An easy way to never have to worry about that is to only use your weapon in defense of a person.
Breggy Popup
1:42p, 4/30/12
quote:
An easy way to never have to worry about that is to only use your weapon in defense of a person.


Or you could read closer and realize Chapter 9 covers more than use of firearms. Force and deadly force.

If someone tries to steal my car and I punch him in the head to stop him, am I immune civilly?
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