Quote:
Originally Posted by Jeffersonwasright
Thanks for the excellent comments! Just to clarify, I was referring only to a situation where a would-be intruder is attempting to forcibly enter the home through a locked door. The law in Texas is very clear on this issue, so my concern is only for whatever impact it might have on my personal safety to warn an unknown assailant who is still on the other side of the door. No warning is required in Texas in this situation, either before or after an individual forces their way into the residence. An individual attempting to force their way in can in fact be shot through the door, and the homeowner - according to law - will be held blameless if he believed his life was in danger. I would never shoot blind though, so my concern is only whether to attempt to warn such a person away before they enter, or wait for them to gain entry, and then shoot. Again, not a legal issue, just trying to sort out the best approach for myself beforehand.
FWIW, I was prompted to ask about this as a result of a 911 recording that I heard on YouTube earlier today. During the call, the Oklahoma homeowner waited patiently inside with the 911 operator on the line until the intruder broke down the door. Then he fired three shots. He is not expected to be charged, but I couldn't help wondering why he didn't attempt to warn the burglar away.
Thanks again for everyone's input!
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Based on my personal experiences:
Make sure it's not a SWAT team at the wrong address before you start shooting. (bad karma)
Make sure it's not a drunk neighbor at the wrong address.
Make sure its not a rape victim trying to escape her attacker. Identify your target.
The situation you discribe-- individual outside an outer door that is locked-- is not clear in regard to Texas law. Don't delude yourself. The results (in court)of your actions in defending yourself WILL vary depending on your location.
Use "shoot to kill" in your discussions and you will be isolated and portrayed as a madman in Austin, no good instructor will fail to warn against such language. ("stop the threat" is the terminology).
I'm not talking about fairness or any happy BS, your question is essentially "what happens after I shoot?". Nothing is cut and dried, even in the Lone Star State.
Please get training (even if only concealed carry permit) and get self defense insurance from a well respected law firm that specializes in self defense and 2nd amendment law. (I use Texas Law Shield, and part of their service is getting you up to speed on the law and continuing education with updates and refreshers.)
When seconds count, Austin PD is only minutes away.