Stand your ground vs no duty to retreat? - Page 2

Stand your ground vs no duty to retreat?

This is a discussion on Stand your ground vs no duty to retreat? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by mcp1810 The thing to remember about civil immunity in Texas is that it only protects you against actions from the bad guy ...

Page 2 of 2 FirstFirst 1 2
Results 16 to 21 of 21
Like Tree48Likes

Thread: Stand your ground vs no duty to retreat?

  1. #16
    VIP Member Array Nmuskier's Avatar
    Join Date
    Dec 2012
    Location
    Upper Michigan
    Posts
    4,906
    Quote Originally Posted by mcp1810 View Post
    The thing to remember about civil immunity in Texas is that it only protects you against actions from the bad guy or his family / estate. Any damages or injuries sustained by innocent third parties are not covered. So as long as you don't miss you are good to go. Any rounds that do not hit the bad guy can have dollar signs attached to them.
    Is Texas a state where any injuries that happen during a felony are liable to the felon?
    OldVet likes this.
    Psalm 144:1

  2. #17
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    6,497
    Quote Originally Posted by Nmuskier View Post
    Is Texas a state where any injuries that happen during a felony are liable to the felon?
    Yes and no.
    If I shoot at a bad guy and miss him, and my bullet kills an innocent bystander, the bad guy can be charged criminally for the death and I can be held civilly liable. So he goes to prison and I can lose my house. So if you aren't sure you can hit what you are shooting at, don't pull the trigger.
    Infowars- Proving David Hannum right on a daily basis

  3. #18
    VIP Member Array Nmuskier's Avatar
    Join Date
    Dec 2012
    Location
    Upper Michigan
    Posts
    4,906
    Quote Originally Posted by mcp1810 View Post
    Yes and no.
    If I shoot at a bad guy and miss him, and my bullet kills an innocent bystander, the bad guy can be charged criminally for the death and I can be held civilly liable. So he goes to prison and I can lose my house. So if you aren't sure you can hit what you are shooting at, don't pull the trigger.
    Do you know.where this happened?
    Psalm 144:1

  4. Remove Advertisements
    DefensiveCarry.com
    Advertisements
     

  5. #19
    VIP Member Array Doghandler's Avatar
    Join Date
    Apr 2011
    Location
    West Branch
    Posts
    5,962
    Lethal force is legal in all 50 states. Just say'n . . .
    There is a solution but we are not Jedi... not yet.
    Doghandler
    We have deep thinkers and stinkers in this group that could come up with a solution...
    welder516
    Buck the donkey

  6. #20
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    6,497
    Quote Originally Posted by Nmuskier View Post
    Do you know.where this happened?
    Not off the top of my head but the statutes are pretty clear. In fact on re reading the penal code if I am "reckless" I can be criminally charged as well.
    From civil practices and remedies 83.001
    A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
    From Penal Code 9.05
    Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
    As far as charging the bad guy for it we have Penal Code 6.04 Causation: conduct and results
    (a) A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

    (b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that:

    (1) a different offense was committed;  or

    (2) a different person or property was injured, harmed, or otherwise affected.
    And Penal Code Chapter 7.02 Criminal Responsibility for the Conduct of Another
    }(a) A person is criminally responsible for an offense committed by the conduct of another if:

    (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;

    (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense;  or

    (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.

    (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.
    Jeff22 likes this.
    Infowars- Proving David Hannum right on a daily basis

  7. #21
    Member Array starlights's Avatar
    Join Date
    Sep 2019
    Location
    CALIFORNIA
    Posts
    22
    Quote Originally Posted by taltexan View Post
    Texas has a “No duty to retreat “ rule. Does that protect from civil action if proven innocent or if no charges were brought against anyone in a self defense shooting? I have read where some states offer immunity from civil suits .


    Most states have civil immunity in self defense cases..

    FUD and "ccw insurance companies" spread the mythology that you will be sued and your life will be ruined if you use LEGAL self defense measures.

    That is false.
    There are ZERO case studies.

    When self defense is used ILLEGALLY there are issues.

    Legal self defense happens daily. I can think of countless ccw cases of armed robbers shot and killed by a ccw person and not even making the news...

    Obey the law and don't fear that you will be the bad guy or sued if you use legal self defense.

    Again there are no significant case studies of this common ccw FEAR.

    Cops are not stupid. They know good guys from bad guys. Prosecutors also hate bad guys.

    Study local self defense laws and obey them.



    .

Page 2 of 2 FirstFirst 1 2

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •