Two bills are being introduced in the Texas legislature. SB 378, and HB 284. The law is likes Florida's saying we don't have to back up run in a self defense situation. About time. Call senators there and tell em you want it. Make my day law as some call it.
Texas up for Castle law
- Thread starter BAT1
- Start date
- Status
Does anyone know if the proposed bills do anything in regard to shielding a homeowner/victim from civil suits in the event a criminal is injured or killed (by the homeowner) during the commission of a crime on the homeowner's property?
TIA
TIA
pacodelahoya
Member
R-Tex, Yea that would seem almost more important than the other. Chances are, a good shoot is a good shoot but then you lose eveything in civil court.
"Shielding" may not be the correct term as this would imply immunity, but as it was explained to me there is clause in the pending legislation that would make it highly unlikely that you would be sued in civil court after a justifiable shooting. If the plaintiff should file and loose the case they would be liable for all of your legal expenses, lost wages, etc.
No plaintiffs attorney in their right mind would take a case under these circumstances...they would loose all of their up front expenses when a summary judgment were granted against them.
SECTIONA4.AASection 83.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec.A83.001.AAAFFIRMATIVE DEFENSE. It is an affirmative
defense to a civil action for damages for personal injury or death
that the defendant, at the time the cause of action arose, was
justified in using force or deadly force under Subchapter C,
Chapter 9 SECTIONA5.AAChapter 83, Civil Practice and Remedies Code, is
amended by adding Section 83.002 to read as follows:
Sec.A83.002.AACOURT COSTS, ATTORNEY ’S FEES, AND OTHER
EXPENSES. A defendant who prevails in asserting the affirmative
defense described by Section 83.001 may recover from the plaintiff
all court costs, reasonable attorney ’s fees, earned income that was
lost as a result of the suit, and other reasonable expenses.
This legislation would also eliminate the so called "duty to retreat" before using deadly force to defend yourself.
tsteven1
Member
The TSRA could use peeps.
Gunners;
For those geographically inclined, The Texas State Rifle Association is our ally in Austin. tsra.org
Membership is only $20 or $25 per year, and they speak for us in lobbying efforts. Bimonthly magazine, cool hats, etc.
Gunners;
For those geographically inclined, The Texas State Rifle Association is our ally in Austin. tsra.org
Membership is only $20 or $25 per year, and they speak for us in lobbying efforts. Bimonthly magazine, cool hats, etc.
Stevie-Ray
Member
Is it only me that finds it amazing that Michigan has this law before Texas?
The Texas Legislature only meets for about 6 months every other year. I think this is the first time they have been in session since this law really started spreading. This is not the type of law I want them rushing into without a lot of consideration.
The governor has to call a special session for a specific purpose to convene the legislature outside of that schedule.
That isn't very common overall.
The governor has to call a special session for a specific purpose to convene the legislature outside of that schedule.
That isn't very common overall.Stevie-Ray, I think people would be generally surprised with the state of gun laws in Texas. For a long, long time, Texas was such a good old boys state, that county sherrifs and law enforcement decided how laws were enforced, so laws prohibiting concealed carry, open carry, gun ownership, self defense, etc. were passed with the intent they would be enforced only against minorities, or in very egregious circumstances. Those laws are now coming back to bite people. The fact that until the last couple decades, Democrats had a lock on statewide positions, and in the Legislature, meant that none of this changed. With Republicans now taking over, things are changing rapidly, but with the Legislature meeting only every other year, it sometimes takes time.
The_Shootist
Member
Ok
When does it come up for a vote? It looks like it has solid support, but every email or phone call helps.
Strikes me this could be a useful bill, if somebody is standing on Texas soil at the border "birdwatching" and happens to have their WASR10 slung over their shoulder. Then gets rushed by gun toting illegals who start shooting in their direction.
When does it come up for a vote? It looks like it has solid support, but every email or phone call helps.
Strikes me this could be a useful bill, if somebody is standing on Texas soil at the border "birdwatching" and happens to have their WASR10 slung over their shoulder. Then gets rushed by gun toting illegals who start shooting in their direction.
ezypikns
Member
I'm a TSRA Member.
The TSRA sent me a bulletin regarding this legislation, so I wrote my state representative and state senator. It seems my representative is co-authoring the house bill. A good man.
The TSRA sent me a bulletin regarding this legislation, so I wrote my state representative and state senator. It seems my representative is co-authoring the house bill. A good man.
- Status
