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Texas Self Defense Guide

This guide was compiled by members of Space City Anarchist Organization and Space City John Brown Gun Club.

This article is not legal advice, if you have questions about how these laws apply to you, we urge you to contact a qualified attorney.

Click on the post to find a printable version of the guide!

A printable version of this guide can be found here:

Self-Defense and You, Or:

How to Punch Nazis and Not Go To Jail*

In Texas, you have the right to use force against another person when:

  1. You reasonably believe the force is immediately necessary, and
  2. You use the minimum amount of force needed, and
  3. You did not provoke the attack, and
  4. You were not engaged in a crime at the time.

Each of these aspects is important!

The absence of any one of them can wind up with you behind bars.

Reasonable Belief

An objective person in your situation would have had to reasonably believe that you needed to use force to defend yourself.

It is NOT enough that you were verbally provoked, insulted, or threatened. To justify the use of force, the verbal provocation/threats must be accompanied by some kind of physical act (charging at you, shaking a fist, brandishing a weapon, etc.)

Immediacy

Your use of force must be in response to an immediate threat that cannot be neutralized without that force. If your opponent has walked away or de-escalated, you cannot respond to their previous actions with force.

Minimum amount of Force

You must meet a threat with the least amount of force possible. You cannot shoot someone for punching you (or threatening to punch you). Deadly force can only be used in response to deadly force – or to stop the commission of murder, rape, kidnapping, or robbery.

Provocation

You lose your right to self-defense if you verbally provoke your opponent into attacking you so that you have an excuse to use force. Don’t get cute.

Criminal Activity

You do NOT have the right to self-defense while you are actively committing a crime other than a Class C misdemeanor (like a traffic ticket).


*In Texas


Other Topics of Interest:

Defense of Other People

These principles apply equally to the defense of other people if your intervention was immediately necessary to defend the other person.

Defense of Property

Technically legal, but an all-around bad idea. Property is not worth a life.

Practicalities of Using Force in Self Defense

Self-defense is a justification for actions that would otherwise be illegal. It is an affirmative defense after being arrested and charged with a crime (assault, manslaughter, murder, etc.) and you have the burden of proof to establish all of these factors.

What does this mean? If you shoot someone in self-defense, you will likely be arrested. If you are arrested, immediately shut the fuck up and demand a lawyer.

The Continuum of Force

This is a concept borrowed from the police – it is a methodology to select the appropriate amount of force to respond to a situation. As the situation escalates, so too does the appropriate level of force in response.

When applied to civilian needs, this gives you a rubric to apply when determining whether to use force and what level of force to use.

Presence -> Verbalization -> Bodily Force -> Less-Lethal Force -> Deadly Force

As always, remember that your use of force is only justified if it is reasonably necessary to defend yourself, others, or property and it must be the least amount of force needed to accomplish the defense.

Not Legal Advice

This article. contains generalized information about the laws governing the use of force in Texas. It is not legal advice. If you have questions about how these laws apply to you, we urge you to contact a qualified attorney.