Texas gun law(s) (Laredo: attorney, home, buy)

[Zonie5]

at the present i reside in Arizona . very soon i hope to move to Laredo . i am a gun owner and plan to take my weapons with me . right now i have a .9mm and a 30-30 lever .before i move i plan t buy another pistol , the caliber has not been determined yet . my questions are , how can i legally transport them in my vehicle ? upon arrival do i have to register them? if so , then who with ? what restrictions will there be as for as for home protecion ?

[TexasReb]

Originally Posted by Zonie5

at the present i reside in Arizona . very soon i hope to move to Laredo . i am a gun owner and plan to take my weapons with me . right now i have a .9mm and a 30-30 lever .before i move i plan t buy another pistol , the caliber has not been determined yet . my questions are , how can i legally transport them in my vehicle ? upon arrival do i have to register them? if so , then who with ? what restrictions will there be as for as for home protecion ?

Texas is a very strong "pro-gun" state. You should have no problems, and there are no registration requirements. Rifles and shotguns can be legally carried openly in your vehicle, and the only stipulation with handguns is that they not be "in plain view."

Home protection? Again, Texas law (thank God!) is HEAVILY in favor of the right of citizens to protect their lives and property. And that of a third-party as well. We have the "castle-doctrine" law in place and if someone breaks into your home or occupied vehicle then it is presumed that they are there to do you serious bodily injury and you have the right to respond accordingly, including the use of deadly force!

With all this said though, I hasten to add I am not an attorney nor legal expert, so I would advise that you contact and or write the Texas Department of Public Safety as to obtaining more detailed information on Texas gun/protection laws.

Texas Department of Public Safety

[jimboburnsy]

The funny thing about the Castle Doctrine is that it doesn't seem to have changed much of anything. A contact at the HCDA has plainly stated that they have not had any "no-bills" that would have been different prior to the Castle Doctrine. Basically, if someone is on your property and you feel threatened or someone breaks the plane of your home in any way, you are extremely unlikely to be prosecuted.

[TexasReb]

Originally Posted by jimboburnsy

The funny thing about the Castle Doctrine is that it doesn't seem to have changed much of anything. A contact at the HCDA has plainly stated that they have not had any "no-bills" that would have been different prior to the Castle Doctrine. Basically, if someone is on your property and you feel threatened or someone breaks the plane of your home in any way, you are extremely unlikely to be prosecuted.

Very good point! We Texans are generally VERY sympathetic toward the law-abiding citizen excercising his/her right to defend themselves/family/property with deadly force when warranted. What the Castle Doctrine law did was -- as you alluded to -- simply codify into law what most of us in Texas have long recognized to being with! That is, the presumption of innocence in this realm is with the average citizen.

[Philip T]

Texas is pretty much "shoot 'em if you got 'em."

But for real -- you will probably have to check the 9mm into a dealer to ship across state lines if you want to be legal. Usually goes . . . . You > Origin State Dealer > UPS > New State Dealer > Back to You.

Rifles and shotguns can travel along with you.

To be certain and check the real current laws as enforced -- call and check with your home county sheriff's office where you are now, and your intended new location. They deal with these questions daily and can give the best, most current advice.

[catman]

What is one allowed to do if he sees someone trying to break into his car or vandalizing it? I've had that problem more than once.

[elvalle_mayne]

Texas Gun Law 101: Shoot first, ask questions later.

[TexasReb]

Originally Posted by catman

What is one allowed to do if he sees someone trying to break into his car or vandalizing it? I've had that problem more than once.

Catman? The Texas Penal Code justifications for the use of deadly force allows it to be used in cases of "theft" and "criminal mischief" in the "nightime."

Here is the relevant section:

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.

[TexasReb]

Here is a good summative link on the topic of self-defense laws in Texas. It is part of some "martial arts" web-site, but the pertinent info is derived from the Texas Penal Code:

Texas Laws of Self-Defense, Defense of Property, Defense of Third Persons and Knife Laws (http://houstonmartialartsacademy.com/HMAA_Home/Laws/laws.html - broken link)

Scroll down past the "intro" to find the law portion...

Note too that Texas law does not require one to "retreat" before using deadly force in response to certain types of asault/violations of person/property... assuming they are in a place they have a legal right to be.

9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) 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.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that
subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's
occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic at the time the force was used.
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person
against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is
not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed
that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.


God Bless Texas! Thankfully, we live in a state where the criminal scum amongst us have to fear the law-abiding citizen!

[Philip T]

Originally Posted by TexasReb

God Bless Texas! Thankfully, we live in a state where the criminal scum amongst us have to fear the law-abiding citizen!

Unless they are gubbermint or corporate type criminal scum, then they tend to be admired.