In Texas....the expanded castle doctrine....
- Thread starter ball3006
- Start date
- Status
Outlaw Man
Member
I always thought Texas' castle doctrine was pretty strong already. Maybe I should pay more attention. 
Glad y'all are getting it through. The Arkansas Prosecuting Attorney's Association tied ours up in committee earlier this year.
The author of one of the bills (we actually had them in both the House and Senate and still couldn't pass it) vowed that he won't let it die.
Good for you, Texas.
Glad y'all are getting it through. The Arkansas Prosecuting Attorney's Association tied ours up in committee earlier this year.
The author of one of the bills (we actually had them in both the House and Senate and still couldn't pass it) vowed that he won't let it die.
Good for you, Texas.
TexasRifleman
Moderator Emeritus
It was. This extends the "castle" to other places like your car etc.
What some people mistakenly call "Stand your ground laws"
"The bill makes three major changes to current law. First, it extends the "castle doctrine" beyond the home. Second, it protects a person from being sued by his attacker – or the attacker's family – for injuries if the shooter was found to have been acting in self-defense. The bill would also require a jury to presume that a defendant who has hurt or killed someone was acting in self-defense as long as the defendant wasn't breaking the law at the time, didn't provoke the attack and had reason to believe that the other person wanted to rape, kidnap, kill or rob him. " A quote from one of the sponsors.
My favorite is a quote from Rep. Joe Driver when asked about prosecuters opposition to the thing:
Love it!
Titan6
member
Will it pass though?
In Texas a vehicle has long been considered a habitation for various legal purposes even if you did not live in it. Why the original castle doctrine did not cover it I do not know.
In Texas a vehicle has long been considered a habitation for various legal purposes even if you did not live in it. Why the original castle doctrine did not cover it I do not know.
TexasRifleman
Moderator Emeritus
It's pretty much a done deal. It will be signed by the weekend if those that are watching it close are correct.
longhorngunman
Member
- Joined
- Apr 7, 2005
- Messages
- 852
The Governor ain't even signed it yet, so it's not in effect. I'd be surprised if they passed open carry. They can just argue that if you want to carry go get yourself a CCW permit and be happy. In all actuality there's no legal way to prevent open carry as far as I know. I think the state puts a stop to it by letting the police arrest you for "disturbing the peace" or some such. Hopefully a more informed poster will be along shortly.
Only real difference I see in this Castle Doctrine bill is that it will preven the thug's family from sueing you in Civil court. Which would be a great thing. Many peopl wrongly assume if the state doesn't prosecute you your in the clear, but as of right now a thugs family and a greedy ambulance chasing lawyer can try and empty your wallet if they want.
Only real difference I see in this Castle Doctrine bill is that it will preven the thug's family from sueing you in Civil court. Which would be a great thing. Many peopl wrongly assume if the state doesn't prosecute you your in the clear, but as of right now a thugs family and a greedy ambulance chasing lawyer can try and empty your wallet if they want.
Jacka L Ope
Member
And now that the Texas Senate and House have approved legislation detailing that right, “castle doctrine” could become law as soon as Sept. 1.
http://www.wacotrib.com/news/content/news/stories/2007/03/20/03202007waccastledoctrine.html
http://www.wacotrib.com/news/content/news/stories/2007/03/20/03202007waccastledoctrine.html
Sam Adams
Member
I'm very happy about this - my biggest fear was a lawsuit. Even if you do a righteous shooting, the goblin or his family can cost you a fortune in legal fees, lost work, aggravation, etc. That'll all change as of 9/1.
Oh, and what a change vs. my prior home state - the PDRNJ. Here in Texas I can own whatever I can legally afford - without nanny's permission (except full-autos, and that's Federal), I have a CHL, and now we're going to have a very strong presumption in favor of would-be victims who protect themselves and their families. NONE of those apply in the dark and fascist PDRNJ, piss be upon its corrupt, overbearing, arrogant and tyrannical politicians.
Oh, and what a change vs. my prior home state - the PDRNJ. Here in Texas I can own whatever I can legally afford - without nanny's permission (except full-autos, and that's Federal), I have a CHL, and now we're going to have a very strong presumption in favor of would-be victims who protect themselves and their families. NONE of those apply in the dark and fascist PDRNJ, piss be upon its corrupt, overbearing, arrogant and tyrannical politicians.
Jacka is correct. All laws passed in the standard legislative session go into effect on Sept 1 following the session.
Gov. Perry has signed pretty much every pro-gun bill that has reached his desk since he was first elected. I doubt he will change that now.
Gov. Perry has signed pretty much every pro-gun bill that has reached his desk since he was first elected. I doubt he will change that now.
TexasRifleman
Moderator Emeritus
He already said he would sign it, so it's just the wait til Sep 1.
And yes, the civil protections are the most important.
Of course, according to the other side, we'll be shooting each other in the streets.
I wonder if Brady will advise tourists to stay out of Texas now too?
I'd be OK with that actually.
I used to have a bumper sticker on my car, wish I could find another....
"Welcome to Texas, Now Get Out" LOL
The civil protection is the biggest.....
part of this bill for me. I guess I better order several more cases of ammo for the "war in the streets" that will happen Sep 1st.....Now, if we can get the bill passed that allows you to keep your CHL gun in your car while at work......chris3
part of this bill for me. I guess I better order several more cases of ammo for the "war in the streets" that will happen Sep 1st.....Now, if we can get the bill passed that allows you to keep your CHL gun in your car while at work......chris3
CZ-100
Member
Sounds like it will be a lot like the Florida law.
Congrats Texas
Congrats Texas
texas bulldog
Member
you got that right, bobhwry.
so when can i shoot people for stepping on my front lawn?
kidding, of course. the protection from lawsuits is a tremendous improvement.
so when can i shoot people for stepping on my front lawn?
kidding, of course. the protection from lawsuits is a tremendous improvement.
Glockamolie
Member
It's almost like they wrote this law for me. I live in a Houston suburb, and drive 25 miles each way to and from work. My work is very near downtown, and I get to pass through some not-so-nice areas to get there. My choice is to a) ignore my employee handbook and go armed anyway (and hope they never decide to ask to search my vehicle), or b) go unarmed. I figure between my job and my life, I can always get another job, so guess which one I do.
longhorngunman
Member
- Joined
- Apr 7, 2005
- Messages
- 852
Gotta give kudo's to the bill's original authors and to Gov. Perry for (when he) signing it into law. Perry has always seemed kind of like a used car salesman to me but he has been very good to Texas as far as signing gun rights bills into law.
ChickenHawk
Member
The only problem with the wording of this law is that while making it illegal for a company to prevent you from keeping you legal CHL in your car while you are at the office; it requires you to tell them that you are doing so!
If they fire you for doing this you can demand your job back with back-pay, but since Texas is an at-will state they don't have to tell you that you got fired for carrying so how will you prove this?
What's up with that?
ChickenHawk
FreedomCommando
Member
- Joined
- May 26, 2006
- Messages
- 9
If you are a Texas resident, you may find out how your representative voted. If they voted for Castle Doctrine (SB 378), then take a moment to drop them a quick letter of thanks.
I'm happy to say that my own representative, Ellen Cohen (D - Houston), voted in favor of SB 378. Cohen is new to the state Legislature, having replaced Wong in the last election. A lot of us lobbied hard on this issue.
The same people who in the 1990s predicted that CHL would lead to Dodge City tried this time around to persuade us that Castle Doctrine would mean "shoot first, ask questions later." As far as I am concerned, if you're breaking into my house at 3 am, it's not to have a polite conversation with me.
Kudos to all 133 Texas legislators who voted in favor of SB 378, self-defense, and the Second Amendment.
As for the 13 who voted against Castle Doctrine, WHAT IS WRONG WITH YOU PEOPLE?? This is TEXAS, not Massachusetts or Kalifornistan.
I'm happy to say that my own representative, Ellen Cohen (D - Houston), voted in favor of SB 378. Cohen is new to the state Legislature, having replaced Wong in the last election. A lot of us lobbied hard on this issue.
The same people who in the 1990s predicted that CHL would lead to Dodge City tried this time around to persuade us that Castle Doctrine would mean "shoot first, ask questions later." As far as I am concerned, if you're breaking into my house at 3 am, it's not to have a polite conversation with me.
Kudos to all 133 Texas legislators who voted in favor of SB 378, self-defense, and the Second Amendment.
As for the 13 who voted against Castle Doctrine, WHAT IS WRONG WITH YOU PEOPLE?? This is TEXAS, not Massachusetts or Kalifornistan.
The_Shootist
Member
Nice!
Just in time for Hurricane season !
Just in time for Hurricane season !
- Status
