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Can I legally shoot someone on my property in Texas if I'm 17?

Discuss anything to do with property law - buying, selling property

Can I legally shoot someone on my property in Texas if I'm 17?

Postby ruddy » Sun May 20, 2012 2:52 pm

I'm 17 and going to school, and my mom works all day and comes home late. Recently, my mom's friend was murdered and my mom was the one who found her body.. It's really sad. But based on the long chain of events, my mom and I know it was her husband. Even a police officer from the crime scene gave us one of the husband's loaded pistols for protection, along with some other things in boxes. The gun was unregistered, but the cop said "take it" Sadly, all charges on the Lady's husband was dropped. Our house was broken into a couple weeks ago but nothing was taken, as if someone was looking for something..

Now I'm wondering if I can legally shoot him if he is on my property with the unregistered pistol?

I don't really know too much about the law and all the technicalities and what not.. I'm just afraid that because it's unregistered or because I'm seventeen that I'm going to get in trouble.
ruddy
 
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Can I legally shoot someone on my property in Texas if I'm 17?

Postby arvad » Sun May 20, 2012 2:53 pm

You can't even own property in Texas until you're 18.
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Can I legally shoot someone on my property in Texas if I'm 17?

Postby colten » Sun May 20, 2012 3:00 pm

You can't shoot people just because they cross the property line, the people needs to be trying to enter your home or any building or car while you or someone else is inside and you have a LEGITIMATE fear for your life.

As for the gun, even if you use it in legitimate self-defense you STILL have to go to jail for being in possession of an illegal gun.
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Can I legally shoot someone on my property in Texas if I'm 17?

Postby sampson » Sun May 20, 2012 3:06 pm

In Texas you do not have to register any firearm (other than those listed in the National Firearms Act- ie machine guns).

So you can own an unregistered firearm.

IF you are justified in using deadly force, it is ok to be 17.
Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(2) consisted of lawful defense by the child of people or property;
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.13

So now you MUST know when you are justified in using deadly force. There is just too much to it to explain here. But here is some of the basics.

You CAN NOT use deadly force to stop trespassing. You can use force though.

You can use deadly force to stop someone who is "unlawfully and with force entered, or was attempting to enter unlawfully and with force" your OCCUPIED home, vehicle or place of employment.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.32

You can also use deadly force "when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Please read chapter 9 of the Texas Penal code to know when you can use force/deadly force. If you have any specific questions, please ask.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#00
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