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Re: [Watts] 9/11

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Re: [Watts] 9/11 In reply to
While nighttime is mentioned in the Texas Penal Code, Chapter 9, time of day is not a limiting factor. You're required to know Chapter 9 and the Texas CHL Law, among other things, to obtain your concealed carry permit.

http://www.capitol.state.tx.us/statutes/petoc.html

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER D. PROTECTION OF PROPERTY


9.41. Protection of One's Own Property

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

[/url] 9.42. Deadly Force to Protect Property


A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994.

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ArmyAirForces: Feb 19, 2003, 10:20 AM
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Thread 9/11 Paul 13463 Feb 19, 2003, 6:33 AM
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Andy 13048 Feb 19, 2003, 6:43 AM
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Paul 13125 Feb 19, 2003, 6:49 AM
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Andy 13036 Feb 19, 2003, 6:54 AM
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Watts 13082 Feb 19, 2003, 9:37 AM
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Paul 13086 Feb 19, 2003, 9:41 AM
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Andy 13008 Feb 19, 2003, 9:46 AM
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ArmyAirForces 13069 Feb 19, 2003, 10:20 AM
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Paul 13063 Feb 19, 2003, 10:31 AM
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Watts 13018 Feb 19, 2003, 10:44 AM
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ArmyAirForces 12981 Feb 19, 2003, 10:52 AM
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Watts 13087 Feb 19, 2003, 10:42 AM
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ArmyAirForces 13046 Feb 19, 2003, 11:07 AM
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Paul 13022 Feb 19, 2003, 11:42 AM
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Watts 12944 Feb 19, 2003, 12:07 PM
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ArmyAirForces 12951 Feb 19, 2003, 12:54 PM