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Old December 9, 2002, 01:09 AM   #9
Walther P99
Senior Member
 
Join Date: February 3, 2002
Location: San Antonio, TX
Posts: 107
Quote:
Actually, in Texas you can shoot someone in daylight to protect your property, too, but you are expected to shoot to wound not to kill. The rational for the use of deadly force at night to protect your property is that its harder to aim at night.
I think in Texas in order to use deadly force in the daytime your life would have to be in immediate, immeninent danger. It's permissable to use deadly force to protect property at night since it's the assumption that anyone unlawfully entering the owner's premises does so with the intent to harm the owner. I've pasted the section on the Texas CHL laws dealing with deadly force to protect property. The law's silent on shooting to wound in the daytime for any reason, and I'd strongly advise against it.

ഊTEXAS CONCEALED HANDGUN LAWS
PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangi-ble, movable property:PC §9.51. 47
(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, bur-glary,
robbery, aggravated robbery, theft during the nighttime, or crimi-nal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after com-mitting
burglary, robbery, aggravated robbery, or theft during the night-time
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.
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