StormWarning’s Counterterrorism

Texas Passes “Castle Doctrine”

Some might say this is a step backward. Many others would say Hallelujah! Governor Perry has signed Senate Bill 378 into law that permits Texans to use deadly force in self-defense. See update: Texas Castle Doctrine Effective Sept. 1

While clearly there are limitations to the use of force…for example, in a car or business, the person using deadly force cannot incite the attacker so as to justify the use of force. However, this Bill restores the right to self defense without the requirement to retreat first.

In 1995, the Texas Legislature created an exception to a 1973 statute, which required a person to retreat in the face of a criminal attack. The exception allowed a person to use force without retreat when an intruder unlawfully entered their home. Senate Bill 378 extends a person’s right to stand their ground beyond the home to vehicles and workplaces, allowing the reasonable use of deadly force when an intruder is:

* Committing certain violent crimes, such as murder or sexual assault, or is attempting to commit such crimes;

* Unlawfully trying to enter a protected place; or

* Unlawfully trying to remove a person from a protected place.

Additionally, Senate Bill 378 eliminates the possibility of civil suit by the family of the person you happen to shoot as he is climbing through your bedroom window in the middle of the night.

So the response to the obvious question of "Did you feel threatened, Mr. Warning?" is a loud and definitive, "Yes!"

Here is Governor Perry’s official press release (he looks "good" in the picture, doesn’t he???). Now if he could only get his position on the border right…

Note that Texas is not the first state to approve this controversial law. According to the Jurist:

Georgia enacted a similar law last July, and Florida adopted [JURIST reports] a "shoot first" law in 2005. Alabama, Indiana, Kentucky, Mississippi and South Dakota all have enacted similar legislation as well. The Brady Campaign to Prevent Gun Violence [advocacy website] has continually called such legislation "phenomenally dangerous," but the National Rifle Association [advocacy website] maintains that these laws are necessary to protect innocent citizens. AP has more.

State Representative Joe Driver and Senator Jeff Wentworth sponsored the bill. This post is a follow-up to: The "Castle Doctrine": Putting the "Home" Back Into Homeland Security