Know Your Ground, Know Your Rights
In Texas, the “Stand Your Ground” law allows the use of proportionate force in defense. There are certain circumstances where the law will apply which can include:
Stand Your Ground laws allow you to defend yourself against a threat. These rules do vary by state and what works in one place may not somewhere else. It is important to know the law.
Stand Your Ground laws allow you to defend yourself against a threat. These rules do vary by state and what works in one place may not somewhere else. It is important to know the law.
- No Trespassing: If you are legally entitled to be in the location of the defense, Stand Your Ground may apply.. Stand Your Ground can apply if you are in a place where you are allowed to be, not trespassing, and if you are threatened.
- You are not provoking the altercation: Stand Your Ground does not apply if you started the conflict.
- You are not engaged in criminal activity: If you are already committing a crime, Stand Your Ground will not help you.
- You’re using the minimum force necessary: The amount of force used must be reasonably necessary for the situation.
The Stand Your Ground Law was first introduced to Texans in 1973. At that time, the law required Texans to comply with a “duty to retreat”. This meant you were required to prove that you attempted to avoid the violent event. You had to prove that you were left with no option other than self-defense.
As with any law, the legislation can and has been changed. As with any Second Amendment law, TSRA was involved when Stand Your Ground changed. The law was amended in 2007 and the TSRA Political Action Committee (PAC) worked on the change.
The 2007 80th Texas Legislative Session included a bill to amend the duty to retreat. “Castle Doctrine” expanded the law. It allowed Texans to use deadly force without first attempting to escape. This was as long as the incident occurred within their home.
The 2007 TSRA PAC work was similar to what our PAC does during every Texas Legislative Session. Our legislative team works year round, but during Session, that work is increased. Our PAC has to review every filed bill and will often testify on behalf of law-abiding Texans. Our team works to keep our rights intact, and coordinates with other organizations to do so. We ensure that no bad gun bills get passed.
The inclusion of the Castle Doctrine has proven to be a vital addition to Texas law. According to TSRA partner, Right to Bear, “38% of assaults occur during home invasions.”
As with any law, the legislation can and has been changed. As with any Second Amendment law, TSRA was involved when Stand Your Ground changed. The law was amended in 2007 and the TSRA Political Action Committee (PAC) worked on the change.
The 2007 80th Texas Legislative Session included a bill to amend the duty to retreat. “Castle Doctrine” expanded the law. It allowed Texans to use deadly force without first attempting to escape. This was as long as the incident occurred within their home.
The 2007 TSRA PAC work was similar to what our PAC does during every Texas Legislative Session. Our legislative team works year round, but during Session, that work is increased. Our PAC has to review every filed bill and will often testify on behalf of law-abiding Texans. Our team works to keep our rights intact, and coordinates with other organizations to do so. We ensure that no bad gun bills get passed.
The inclusion of the Castle Doctrine has proven to be a vital addition to Texas law. According to TSRA partner, Right to Bear, “38% of assaults occur during home invasions.”
Here are some more facts to know about the Texas Stand Your Ground law:
- A verbal threat alone is not enough to justify the use of deadly force.
- You can use deadly force to prevent specific violent crimes. This includes but is not limited to murder, a kidnapping, sexual assault, or robbery.
- In some situations, "Castle Doctrine" has been extended to your vehicle or workplace.
If charged with excessive or deadly force, you should contact a Texas Criminal Defense Attorney.
Our friends at Armed Attorneys are just one example. They have faced cases that involve Stand Your Ground. They know the importance of knowing the law when it comes to these legal situations.
Juries may not always know the law before going into a courtroom. Representation by an attorney who does is important. "Juries like to second-guess," shared Richard D. Hayes and Emily Taylor in a video dedicated to Stand Your Ground.
Our friends at Armed Attorneys are just one example. They have faced cases that involve Stand Your Ground. They know the importance of knowing the law when it comes to these legal situations.
Juries may not always know the law before going into a courtroom. Representation by an attorney who does is important. "Juries like to second-guess," shared Richard D. Hayes and Emily Taylor in a video dedicated to Stand Your Ground.
Another option to secure your defense is a Self-Defense Legal Plan. If you find yourself in a self-defense situation, legal plans can cover a lengthy list of benefits. However, just like knowing the law, knowing the details of your plan is imperative. "You need to confirm it meets your needs," (Self-Defense Legal Plans, Sean P. Healy). "There is no substitute for reading the actual terms and conditions," said Healy in his Sportsman article. Sean Healy is an attorney who works with Second Amendment/Firearms litigation in his practice. He is also the current TSRA Treasurer.
Educating the public in the spirit and letter of the law is among the many items in the Mission Statement for the Texas State Rifle Association. Our organization has existed for over 100 years, and our Political Action Committee was added to our work in 1981.
Most of our efforts come as a result of the generous contributions from our members. If you are not already a Texas State Rifle Association member, we encourage you to join today. To contribute to our work, visit TSRA.com or TSRAPAC.com.
Story by Marissa Brinkman (sportsman@tsra.com)
December 20, 2024
Educating the public in the spirit and letter of the law is among the many items in the Mission Statement for the Texas State Rifle Association. Our organization has existed for over 100 years, and our Political Action Committee was added to our work in 1981.
Most of our efforts come as a result of the generous contributions from our members. If you are not already a Texas State Rifle Association member, we encourage you to join today. To contribute to our work, visit TSRA.com or TSRAPAC.com.
Story by Marissa Brinkman (sportsman@tsra.com)
December 20, 2024