An overbearing attorney might say the same about having a gun by the bed. Why wasn't it locked in the safe with ammo stored in a separate location?
I think much of the "what if a lawyer" stuff is overplayed.
according to what I've read from TLS, stuff like that is a non-point in Texas. The point is you used a firearm to defend yourself/family/property. Look at the circumstances of why you used your firearm, not what preparations you make to use it. It's like saying you keep bullets in your gun because you plan to use it on someone.
We have these self-defense laws for a reason. Texas' law is very cut and dry. I wouldn't worry about muffs. If anything, you could say you wear them to help you sleep. I've worn them a few times to block out unwanted noise
I was joking
It's my biggest firearms pet peeve when someone says shit like that about the legal ramifications of using zombie branded guns, defensive ammo, and what not for HD/SD.