The following is a video transcript.
Law-abiding gun owners already know that Texas has strong self-defense laws. In many circumstances, self-defense may actually be presumed reasonable and immediately necessary. But, what happens if you’re forced to defend yourself or your loved ones with your weapon, and you happen to be in a place you shouldn’t have had a handgun?
LOSING YOUR RIGHT TO SELF-DEFENSE?
For example, let’s say you, an LTC (License to Carry) holder, accidentally walk past an effectively posted 30.06 or 30.07 notice, but then later you’re forced to defend yourself against an attacker with a firearm. Do you lose your right to self-defense? Do you have to be killed? No. You still have a legal right to use deadly force in this scenario. The difference is you may lose some of your self-defense protections, such as a legal presumption of reasonableness or your “stand your ground” rights.
You would lose your presumption of reasonableness because you’re technically committing a crime that is not a Class C traffic ordinance. Presumptions ordinarily stop the prosecuting attorney from legal second-guessing or “Monday morning quarterbacking” your actions. And you would lose your “stand your ground” rights or, by its legal name, “no duty to retreat,” because you did not have a right to be present at the location where the deadly force was used. “No duty to retreat” ordinarily stops juries from considering the fact that you didn’t try to run away.
The bottom line is you can still defend yourself, your friends, family, and strangers, so long as it is immediately necessary and reasonable under the circumstances. But, you may have fewer legal tools available at trial.
If you have any questions regarding self-defense in Texas, call Texas LawShield and ask to speak to your Independent Program Attorney.