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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Thumbs up Texas' "Castle Doctrine" Bill Signed By Governor

    http://www.dallasnews.com/sharedcont...e.241e482.html
    Perry signs 'castle doctrine' bill

    06:51 PM CDT on Tuesday, March 27, 2007
    Associated Press

    AUSTIN – Gov. Rick Perry signed into law Tuesday a bill that gives Texans a stronger legal right to defend themselves with deadly force in their homes, cars and workplaces.

    Both chambers of the Legislature overwhelmingly approved the measure earlier this month. The bill, backed by the National Rifle Association, states that a person has no duty to retreat from an intruder before using deadly force.


    The signing was the first of the session for Gov. Rick Perry (right), shown visiting with House Speaker Tom Craddick on Monday.

    "The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but it is intuitive to human nature. You ought to be able to protect yourself," Perry said, surrounded by lawmakers who pushed for the law.

    This is the first bill-signing this legislative session by the Republican governor. The law takes effect Sept. 1.

    "This is reasonable legislation," Perry said.

    The building or vehicle must be occupied at the time for the deadly force provision to apply, and the person using force cannot provoke the attacker or be involved in criminal activity at the time.

    Some refer to the measure as the "castle doctrine," drawing from the idea that a man's home is his castle and that he should have the right to defend it.

    Fifteen other states have passed similar laws. Texas is the first state to pass such a law this year, said Rep. Joe Driver, a Garland Republican who sponsored the measure.

    Sen. Jeff Wentworth, a San Antonio Republican who pressed the issue in his chamber, said the law changes previous Texas law that in some cases requires a person to retreat from an intruder.

    The new law will also provide civil immunity for a person who lawfully uses deadly force in any of the circumstances spelled out in the bill. Police and prosecutors can still press charges if they feel deadly force was illegally used, legislative sponsors said.
    Last edited by TXCharlie; 03-28-07 at 09:44 AM.

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  2. #2
    bmf95b is offline PATROL DEPUTY
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    I took a glance at the front page today and saw that District Attny's were also gonna be alowed to carry. I'm not sure and did not have time to buy the paper, busy day today.

    But I really like the castel bill.

  3. #3
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    I think the biggest plus is Civil protections... Before this, even if CHL holders were justified in a shooting, they could still be sued and rack up a bunch of legal fees even if they won.

    Our Penal Code didn't require us to retreat in our homes, or elsewhere when we could articulate why retreating would be unsafe (I pretty much figure the risk of getting shot in the back by an angry armed robber is enough reason - It's happened here to several victims who tried to run away). I guess this eliminates the need to give a reason for not running now.
    Last edited by TXCharlie; 03-29-07 at 02:56 AM.

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  4. #4
    BEB
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    Can I borrow your governor for a minute?

 

 

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