Law-Forums.org

[ricki]

I live in Texas. As most people know, Texas has some very liberal gun laws. That being said, if a group of pot-smoking, revolution-starting hippies decided to protest on my property and refused to leave, could I (legally) alleviate my hippie problem with my 12 gauge?

[flannagain]

Lots of opinions, but no laws posted.

Under Texas law you can not use deadly force to stop trespassing. But you can use deadly force to protect property. Notice under (A) trespassing is not listed.
Sec. 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.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.42

But you can use force to stop a trespasser.
Sec. 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.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.41

[seme22]

They would have to be breaking into your house or you would need to feel threatened for your life or the life of others( the hippies have wepons and attacking) you would need to call the police to have them removed. I live in new Hampshire and the gun laws are very lax. You can Oppen carry in the state house

[madison86]

Hippies wouldn't be starting a revolution. They've be on your property listening to music, smoking dope and/or dropping tabs and groovin' out. Hippies were not active participants in anything political in the 1960's. Their slogan was "Tune In, Turn On, Drop Out. Why expect hippies to be active today?

[han]

No. That's called murder. If you took time to read the Penal Code (specifically the statutes pertaining to the use of Deadly Force), you'd know when you can drop the hammer.

Uh...that is, if you *can* read.

[patwin87]

Well, as long as no one finds out.
But guns are loud and the flash gives away your position.
You should invest in a Tac-15i.
http://www.youtube.com/watch?v=b5nVSfv0Rlg

[lorimar]

i believe Texas has the castle defense law so yes.

its not like in liberal CA where if you shoot an intruder they put you in jail.

[shen86]

Of course not. You could get into some serious trouble. The season ended September 27th.

[baigh75]

you shoudl be more worried about illegals in texas, hippies are harmless

[elkanah1]

you shoudl be more worried about illegals in texas, hippies are harmless

No, that's called murder.