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Use of force on your premises

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  • Texan79423

    Well-Known
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    2   0   0
    Jun 7, 2021
    1,204
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    Flatlands
    I cannot find this in the law but I do remember your premises includes you house and garage. Best I remember it does not include a barn or storge building. To me I believe I can use deadly force to protect against person forcefully entering my home, but I cannot if they are robbing my barn. I am insistent on seeing things in print and know where to find things so forgive me here.
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    Tex929rr

    Active Member
    Rating - 100%
    1   0   0
    Jun 11, 2015
    469
    76
    Welfare, TX
    Sec. 30.01. DEFINITIONS. In this chapter:
    (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
    (A) each separately secured or occupied portion of the structure or vehicle; and
    (B) each structure appurtenant to or connected with the structure or vehicle.
    (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
    (3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."



    Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
    (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
    (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
    (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

    Link:

    TX Penal Code

    I deleted some text that wasn’t relevant to your question, but it sure looks to me like outbuildings are covered.
     

    Sam7sf

    TGT Addict
    Lifetime Member
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    10   0   0
    Apr 13, 2018
    12,464
    96
    Texas
    Also its about value. Let’s say someone takes something one of a kind you can’t get back, ever. Vs something that’s common and insured. Most things are or CAN be insured. When you read deeper into the legal language its really not wise to shoot someone just for taking your stuff.

    Theft and use of deadly force will get you in hot water. Burglary and deadly force is different.

    Always remember: use of deadly force is required to be reviewed by a grand jury.
     

    G O B

    School of Hard Knocks and Sharp blows
    Rating - 0%
    0   0   0
    Dec 9, 2017
    1,101
    96
    Hays Co.
    The things that I own are not "just things". Each of them represents hours of HARD work that I invested in the ability to purchase them.
    When a person steals "just things", they are REALLY stealing hours of life from the owner that were invested in acquiring them.
     

    Aus_Schwaben

    First to know - Last to care!
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    5   0   0
    Jan 31, 2019
    3,760
    96
    Abilene, TX
    The things that I own are not "just things". Each of them represents hours of HARD work that I invested in the ability to purchase them.
    When a person steals "just things", they are REALLY stealing hours of life from the owner that were invested in acquiring them.
    Don't forget the role some of those things play in our lives - the rifle or pistol our parents taught us or we taught kids to shoot with, the project - vehicle, furniture, etc - you restored with a parent or children, and things like that.

    Sometimes they are stealing more than just a thing but a part of people's lives!
     

    rotor

    TGT Addict
    Rating - 0%
    0   0   0
    Nov 1, 2015
    4,239
    96
    Texas
    Remember the definition of night, 30 minutes after sunset and 30 minutes before sunrise and this changes on a daily basis. Dark does not mean night to a prosecutor. Texas Transportation Code § 541.401
     
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