November 26th, 2009 10:21 PM
Business defense; Texas
I have a small business in a remote area. It is on the same property as my house but a quarter mi away. I have a motion detector hooked up and a few other things to tell me if someone is on the property after hours (5pm-8am).
What does Texas law say?
If an alarm goes off at 2am, perhaps I will be over there to see what is going on. (the law response can be >20mins)
It is possible I will not detect an intruder or signs of entry from the exterior and would enter my building to check on things.
What does the law say about use of a firearm inside the building to protect my possessions from robbery?
How about its use to defend myself?
And, if a confrontation occurs outside the building after the intruder has been inside?
Occasionally I read that the law differs, when the occurence is in daylight hours vs night hours - why is that? How do they define day and night (or whatever terms are in use)?
I am not asking if this is the correct way to handle any particular situation. I will decide that.
I am asking how Texas law views such hypothetical events.
November 26th, 2009 11:10 PM
Under the revised Texas laws, you may use a weapon to defend yourself, others, and your property in you home, in your vehicle, and in you business. Here is a link to the current Texas Concealed Handgun Statutes & Related Weapons Laws.
Hope this helps.
November 26th, 2009 11:27 PM
It is all happening on your property, if I understand the description. Read the section of the code which allows use of force to stop trespass and use of lethal force if the land owner reasonably believes the trespasser can't be dispossessed otherwise and is in reasonably fears for his life.
Also, the nighttime thing. The leg. at some point in its wisdom decided to put a potential 99 year sentence for burglary of a habitation at night. That means anyone doing that is pretty hard core. It is reasonable to assume your encounter is with a dangerous person--one stupid enough to risk life.
Lights, dogs, more dogs and more lights are your best defense. Then be very cautious about investigating anything on your own. OP wrote: "And, if a confrontation occurs outside the building after the intruder has been inside? "
Avoid that. Too dangerous. Stay in your home and protect that. The business should be insured.
November 27th, 2009 11:41 AM
Texas Penal Code Sections 9.41- 9.44 are your friend!
I forget where exactly the spell out the definition of "during the night time" but IIRC it is half an hour after sunset to half an hour before sunrise.
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