There’s a lot of legal misconceptions out there about what a person can and can’t do when it comes to Gun Law in Texas.
The first common gun law myth is if someone shoots someone else on his/her property, he/she should move them inside. People should never move physical evidence from a crime scene. If someone does, they probably just committed the crime of tampering with physical evidence. If they have to use deadly force, they’ll hopefully be justified in that use under Chapter 9 of the Texas Penal Code. This means that they wouldn’t be completely held responsible for their actions. However, there’s no defense or justification to the crime of tampering with evidence, and if someone is found guilty of tampering, they could be looking to in between 2-10 years of prison, and up to a $10,000 fine.
The second myth is if a vicious dog enters someone’s property, they have the right to shoot it. This is a very common myth, and it is something that gets many gun-owners in trouble. In order to be justified in shooting a dog, their use to deadly forces needs to be immediately necessary to stop or prevent a dog from attacking people or other animals. If people shoot dogs just for entering their property, even if they know that that dog is vicious or dangerous, they won’t be justified and they’ll likely be charged with the crime of cruelty to animals.
The third myth is to think one can scare off a trespasser using a warning shot. People can never use deadly force against someone who’s a trespasser. Trespasser scan only be dealt with by using force, and in the state of Texas, when someone pulls the trigger on that gun, regardless of where the barrel is pointed, they’ve used deadly force.
Myth 4 is believing that brandishing is only a crime if the gun is loaded. Many people believe that if their gun isn’t loaded, the law would treat their act less seriously. In fact, Texas law makes no distinction whether or not the gun is loaded. If someone points an empty gun on someone else and they’re not legally justified to do so, they’ll be charged with the exact same crime if they had their gun loaded.
The fifth and final myth is horse theft is a hanging crime in Texas. This means people can shoot anyone that comes in their property and try to steel their horses. This is an incredibly wide-spread myth. The reality is that this was the Wild West justice, and the modern Texas Penal Code doesn’t make any distinction when someone is stealing horses or other life stock. If someone commits theft in their property and it is in the day time, they can’t use deadly force in defense of that property. It is only if a perpetrator is trying to steal their property in the night time that they could potentially shoot to stop the theft.
Using deadly forces has to be reasonable, which ultimately could be determined by the jury at trial.