The Department of Justice has officially walked away from its appeal in one of the most important Second Amendment cases involving ordinary federal property. That is a major win, but gun owners should understand the ruling before changing how they carry.
For weeks, gun owners and federal firearms licensees have been asking the same question: Is ATF actually going to honor the federal court order that blocked enforcement of major portions of the National Firearms Act for protected parties?
These are answers to some frequently asked gun and defense law questions and are provided for general educational purposes only. How do they apply to your specific circumstances? Become a member and ask an Armed Attorney!
No. Texas now allows most eligible adults to carry handguns without a license, openly in a holster or concealed.
Permitless (or constitutional) carry allows you to carry a handgun, openly in a holster or concealed, in many public places if you are legally eligible, but an LTC gives added benefits like reciprocity in other states, faster firearm purchases, and fewer restrictions in certain locations.
A law enforcement officer can disarm an individual for the length of the traffic stop for the protection of the individual, the officer, or a third party. See Tex. Gov’t Code Sections 411.206 and 411.207. When the traffic stop is concluded, the officer must return the firearm to the individual if the officer determines that the individual is not a threat and is not going to arrest them.
Texas does not have a “red flag law.” However, courts can issue protective orders that prohibit firearm possession in certain cases, such as family violence.
Deadly force is justified when you reasonably believe it’s immediately necessary to protect against death, serious bodily injury, or certain violent crimes, including robbery, sexual assault, aggravated kidnapping, or murder. Deadly force is specifically prohibited against a mere trespasser.
Texas Castle Doctrine provides added legal protection in specific locations, such as a habitation, an occupied vehicle, or a place of employment. The added protections come in the form of a legal presumption of reasonableness that can be crucial to a self-defense claim.
No. Texas is considered a Stand Your Ground state. Which means there is no legal duty imposed to retreat if you are in a place you are legally allowed to be, not committing a crime, and have not provoked (tricked the other person to attack) the violent encounter.
Texas law provides for the production of a weapon as a warning, which generally constitutes a use of force (not deadly force). If your use of force was justified, the display of a firearm (not a discharge) as a warning would be justified.
Yes. Even though a person’s defensive actions are deemed justified in criminal court does not mean that they can’t be sued civilly. However, Texas law provides immunity from civil damage when force or deadly force is justified.
If you call 911 following a self-defense incident, the only information you should provide is:
(1) your name,
(2) your location,
(3) services needed (e.g., police and EMS),
(4) that you were the victim of a crime and were forced to defend yourself, and
(5) hang up. At this time, Members should call the Attorney 911 Defense Line.
