What can you do if someone is breaking into your vehicle while you’re at your house? Well, first of all, in case you were wondering what this crime is called, it’s burglary of a motor vehicle. Now, that’s what makes this discussion interesting, because as you may already know, you can have the right to respond with deadly force when someone is committing a burglary against your property. The problem here is that the statute only reads burglary, and there are multiple different kinds of burglary in the state of Texas.
Posts Tagged ‘Texas Law Shield’
A recent national television report asserted that road-rage incidents are becoming more common and more deadly. One of the latest incidents took place in Pennsylvania, in which a man is alleged to have shot and killed a teenage girl during a traffic merge. Click to watch level-headed advice from your Independent Program Attorney about what to do—and what not to do—in these situations.
Hello, my name is Edwin Walker. I’m an Independent Program Attorney with Texas Law Shield.
I want to talk to you today about an issue that we see on a daily basis. In fact, you will encounter it on a daily basis—the subject of road rage. I am sure that you have all seen road rage. You may have actually been involved in a road rage incident.
Now, if you’re a responsible gun owner, I’m going to give you a few words of advice on how to react when you find yourself in one of these unfortunate road-rage incidents. While on the roadways, we all observe something that makes us upset, whether it’s poor driving, unsafe driving, or just simply somebody being very discourteous.
By all means, you should restrain yourself from engaging that person and telling them how bad their actions were because this can be perceived as an act of road rage. If you’re a lawful gun owner and have a firearm in your vehicle, you do not want to be viewed as the aggressor in a road-rage situation.
Now, about a situation where an individual has chosen to rage against you, and you are the actual victim of road rage, if you and the other individuals are still in their automobiles, do not use your firearm to respond to any of the rager’s activities. This is because law enforcement views the fact that you’re both still safely in your metal boxes as removing any threat of immediacy that you may be harmed.
So please, if you have a gun, and somebody is raging against you, forget that you have a gun, don’t display it, don’t brandish it, don’t show it, don’t point it, and for God’s sake, don’t fire it. This could result in a lot of trouble for you. Now let’s look at a situation where a road rage incident has escalated to the point where one of the participants has actually gotten out of their vehicle. We recommend that you stay in your vehicle at all times. Do not exit your vehicle because the person who left their vehicle is going to be looked at as the aggressor.
If the other individual has exited his or her vehicle and the person is not in contact with your vehicle, and they do not have a weapon, then do not feel that you can display your weapon in the act of self-defense. People are allowed to just simply stand there and scream at you—scream whatever they want—until they make a demonstrative effort to try to harm you. There is no immediate threat that would justify displaying or shooting or brandishing your firearm.
Now, if the person shows a weapon, in particular, a firearm, the existence of a weapon would give you reasonable belief that there was an immediate threat of harm that would justify an act of force or deadly force.
Even in this situation, I would be very cautious. Now, if this situation escalates even further, where the person has actually made physical contact with your vehicle, whether they are beating on it with an instrument with their fists or they’re attempting to open your door, this would give you the facts that you would need to show that you had a reasonable belief that that individual is unlawfully and forcefully attempting to either enter your vehicle or remove you from your vehicle. This is very very important because this falls under what is commonly known in Texas as the Castle Doctrine.
The Castle Doctrine provides that an individual is given a presumption of reasonableness if they use force or deadly force in a situation where they believe that the person is unlawfully and forcefully either attempting to enter their occupied vehicle or remove somebody from their occupied vehicle. This legal presumption can be very very important because this legal presumption then says that you are allowed to use force or deadly force in response to this other individual’s actions.
We want to keep you safe out on the roadway, so keep these words of advice in mind and try to have a little less road rage out there. If we have a little less road rage, maybe we’ll have a safer world.
Have you ever been involved in a road rage incident? What happened? Was a firearm involved? Share your answers in the comment section.
Check out these other great articles from U.S. Law Shield and click here to become a member:
The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features.
The 85th Texas Legislature adjourned on May 29, and in the session, legislators passed several bills that enhance gun-owners’ rights in the state. Following are descriptions of several bills that have passed the Legislature and have either been signed or are awaiting Gov. Abbott’s signature:
There’s nothing quite like Texas Hog Hunting! It’s some of the most exciting hunting you can do anywhere. If you prefer hunting from a blind or stand, you can hog hunt. Prefer baiting your quarry to show up at the feeder? Texas hog hunting is for you! Hate the idea of hunting over bait but love spot and stalk hunting? Well, Texas hog hunting is for you, too! Too hot in Texas? Not at night! So, while spotlighting deer is illegal, spotlighting hogs is certainly a legal option.
Criminals can strike anywhere at any time. You should always be prepared, and carry your gun just like Luis, one of U.S. Law Shield’s members from Texas.
Independent Program Attorney Emily Taylor of Walker & Byington details the intricacies of Castle Doctrine and No Duty to Retreat laws and what they mean to gun owners in Texas. Click the video below to see more.
Check out these other great articles from U.S. Law Shield and click here to become a member:
A recent incident, in which a Waffle House waitress was fired after defending herself against an attempted robbery, shows that even when people exercise their legal right to self-defense, they can still be terminated by their employers.
This video is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?
When a Colorado member was confronted by two angry men in a grocery store parking lot, he tried to defuse the situation by showing his firearm. Watch Member Ambassador Sherry Hale explain why our member got arrested—and learn the simple step you can take to avoid a similar fate.
In the Lone Star State, cities and counties generally may not regulate the ownership or carry of firearms, ammunition, and knives—with a couple of pretty important exceptions.
Texas Law Shield Independent Program Attorney Gordon Cooper says that words alone are not enough to justify use of force or deadly force in an escalating situation. However, when coupled with a threatening action, it’s a whole different ballgame.
Every gun owner has to make the decision whether to intervene in a fight—or not—based on a host of tactical and safety issues.
In an 11-page white paper labeled “not for public distribution,” but which has been obtained by The Shooter’s Log and Texas & U.S. Law Shield, Ronald B. Turk associate deputy director and chief operating officer of the Bureau of Alcohol, Tobacco, Firearms and Explosives, outlines several steps the agency could take to remove many restrictions on gun regulations in the United States.
Texas Law Shield Independent Program Attorney Michele Byington talks about the pros and cons of Judge Neal Gorsuch’s nomination to the U.S. Supreme Court. Will he likely be a friend of the Second Amendment, or not? Click to watch the more-in-depth interview to find out.
If a one is a Ruth Bader Ginsburg and a 10 would be Scalia, where would you rate Neil Gorsuch? Give us your answer in the comment section.
Perhaps you heard what recently happened to our friends at Full Armor Firearms in Houston. After 13 burglaries in five years, including one earlier this month, owner James Hillin asked two of his employees to stay overnight in the store. During the night, two cars pulled into the parking lot. According to the Houston Chronicle, when the Full Armor workers stepped outside with their weapons, one of the five men, who was standing near the employees’ cars, shot at them. The employees were not injured, and gunfire was exchanged as the men drove away.