Legislative Blog
J.B. Williams, J.D.
Use of Deadly Force
A Blog about Deadly Force 2020
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Deadly Force 2020 as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of Deadly Force 2020
This bill attempted to limit your ability to stand your ground by forcing you to retreat.
Blog Summary
It was an attempt to modify a true stand your ground state into only if there is no abiity to retreat. There really is not much to this bill. I personally don't think I should be required to give the upper hand to someone whom I feel is threatening my safety or the safety of those around me. It limits the use to times when there is no ability to safely retreat. It also limits it to preventing the other from aggravated kidnapping, murder, sexual assault, or aggravated sexual assault. Removes the ability to use the deadly force when present to only when in one's own habitation. Makes the protection of property limited to one that includes a habitation.
This bill seems to have been referred to criminal jurisprudence and forgotten. Thankfully Texas remains a stand your ground state, where you are not required to retreat and hide.
Use of Deadly Force
Published: 2021-09-25
Use of Deadly Force in defense of person or property
It limits the use to times when there is no ability to safely retreat. It also limits it to preventing the other from aggravated kidnapping, murder, sexual assault, or aggravated sexual assault. Removes the ability to use the deadly force when present to only when in one's own habitation. Makes the protection of property limited to one that includes a habitation.
My issues here are if I hear someone or see someone entering my neighbor's home (who are both elderly), my only option should not be to call 911 and wait. It sounds like I should just hope and pray that everything turns out okay. Yet in this case I would be right there and potenitally able to provide assistance. The same would be true if I were at a business when someone came in with the intent to do harm. I certainly don't want to tell those who have concealed carry that they cannot protect those around them when in a business and someone comes in brandishing a weapon.
I've also heard those who feel if someone breaks into your home and you can hide, then you should hide. After all they say it's only stuff, and the person breaking in should not be put in harms way over stuff. Well if they don't want to be in harms way then they need to purchase their own stuff and not steal from others. I didn't invite them in, because if I had I would not feel endangered. If I feel endangered then you've entered my home uninvited. Perhaps they should not put themselves in places they should not be in.
This bill seems to have been referred to criminal jurisprudence and forgotten. Hopefully it remains so.
Thankfully Texas remains a stand your ground state, where you are not required to retreat and hide.
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