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If You Own A Gun,
you need the information in this book

Texas Gun Law: Armed And Educated

What People Are Saying

  • "I have guns to protect me from bad guys. I use Texas Law Shield to protect me if I have to use those guns. They are the experts, and this book is a great resource for me and every gun owner who believes we should be informed of the laws governing our self-protection."

    Michael Berry - The Czar of Talk Radio
  • "Anyone…would be able to easily understand this detailed deadly force and gun law manual. I would consider this the “Bible of Deadly Force” in Texas."

    Keith McGuire - Police Sergeant
  • This book is a “must read” for any Texan who owns a gun. The authors have skillfully cut through the legalese and produced a format that is easy for the average Joe to utilize and understand. If its true that knowledge is power, then this book is a heavyweight."

    John Helms - Sheriff's Office Lieutenant
    - NRA Law Enforcement Division Firearms Instructor
    - Founder/Owner Bulldog Tactical
  • "The book is easy to read and understand no matter the reader’s level of legal expertise or firearms proficiency. ... I will recommend the book to anyone interested in becoming a firearms owner"

    Cris Andersen - Police Captain

WHAT'S INSIDE?

Critical information every gun owner should know, including:

  • Where you can and cannot possess a firearm?
  • When you can legally use a firearm?
  • Numerous examples of how gun laws impact real lives.
  • Clear explanations that separate myth from reality.
  • Practical information regarding how to stay out of trouble.
  • Plus much, much more...

Written by experienced attorneys in easy-to-understand language

FREE EXCERPTS

Can I be sued if I shoot someone in self-defense?

No immunity from lawsuits
There is a common misunderstanding that there exists a law that if you are legally justified in using your gun that you can’t be sued. This is just not the case. First, if a person has the filing fee, anyone can sue anyone else in the State of Texas. There is no one stopping anyone else from filing a lawsuit. Winning a lawsuit is a different issue entirely. If someone files the lawsuit, no matter how frivolous, it still must be dealt with, and it still must be shown to the court that this or that defense bars this lawsuit. This process can take significant time, money, and legal energy even for the most loser of cases. In short, lawyers get paid and even if you beat the “rap,” you still have to take the civil “ride.” So, if there is no immunity to lawsuits for gun owners, what protection is there?

If my child gains access to my firearm, am I in trouble?

Criminal liability for allowing a minor access to firearms
In Texas, under Texas Penal Code § 46.13, a person may be guilty of a crime if a child (younger than 17) gains access to a readily dischargeable firearm and the person with “criminal negligence: (1) failed to secure the firearm; or (2) left the firearm in a place to which the person knew or should have known the child would gain access.” If the child discharges the firearm and causes death or serious bodily injury to himself or another person, it is a class A misdemeanor. Otherwise, it is a class C misdemeanor. The law defines “readily dischargeable firearm” as a “firearm that is loaded with ammunition, whether or not a round is in the chamber.” The statute also defines “secure” as meaning to “take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.” Tex. Penal Code § 46.13(a)(3). However, if a minor commits a crime to gain access to a firearm, the firearm’s owner is not guilty of a crime. It is an affirmative defense to prosecution when a child gains access to a firearm “by entering property in violation of this code.” Tex. Penal Code § 46.13(c)(3). This means that if a child illegally breaks into a person’s home or vehicle and then takes possession of a weapon illegally, the gun owner has not committed a crime.

Do Immunity Statutes really work?

Immunity for certain claims Most important for gun owners if they find themselves included in a civil suit after a justified use of force will be Texas Civil Practice and Remedies Code § 83.001.

Immunity from Damages Tex. Civil Practice and Remedies Code § 83.001
A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

This section provides that a person who uses force or deadly force that is justified under Chapter 9 of the Texas Penal Code is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable. This statute does not prevent lawsuits; it just makes the ones filed harder to win. Immunity from liability is an affirmative defense, and, as such, this defense will be considered only after a plaintiff is well into the pain a civil suit may cause an innocent defendant. Texas courts have ruled that immunity from suit would be a violation of the “Open Courts Doctrine” of Article 1, § 13 of the Texas Constitution. A Texas intermediate appellate court ruled in In re Smith that section 83.001 does not mean immunity from suit. In re Smith, 262 S.W.3d 463 (Tex.App.—Beaumont 2008) It means immunity from damages if the defense is proven during the case.

Can I be charged with a crime for shooting a dog before it bites me?

No general defense against animals statute
Texas has no general self-defense or defense of others statute that deals with all animals. There exist statutes that justify conduct against certain specific “dangerous wild animals” and ones for protection of domestic animals, crops, and livestock, but no justification for protecting people against animal attacks. For example, if a dog is attacking you, and you have to shoot the dog, there exists no provision of the Texas Penal Code that specifically justifies the use of deadly force. In this situation, persons will be forced to rely on a general defense called “justification by necessity.” The typical laws you would expect to find such as self-defense against an animal attacking a human being don’t exist under Texas law at all! What this means is that one may not find specific legal justification for using force or deadly force against an animal that is attacking if the animal is not a certain type of animal. Under this condition, a person may be forced to argue the general law of necessity. This chapter will examine the laws that do exist relating to the use of deadly force against an animal and how your right to self-preservation can best be accomplished.

If You Own A Gun, It Could Happen To You!

Every day, gun owners across Texas must use their firearm in self-defense. As a law abiding gun owner in Texas, you or a loved one could become a victim of crime -- anywhere. After speaking with gun owners all over the state, we found that they lacked the critical knowledge of law they’d require if forced to use their weapon. It’s our mission to change that.

As an organization of more than 180,000 Texas gun owners, we’ve seen time and time again that even the best intentioned, law abiding gun owner can end up in serious legal trouble. We’ve seen members go to jail for breaking laws they didn’t know existed. We’ve seen members get arrested for laws that don’t exist. If you own a gun, you absolutely need “Armed and Educated.” This is the most comprehensive and understandable resource for Texas gun law. Don’t settle for anything less.

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200,000+ MEMBERS

WHO WE ARE

Texas Law Shield is a firearms legal defense program dedicated to the lawful private ownership of firearms and protecting the legal rights of firearms owners.
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All prices are in USD. © 2017 U.S. Law Shield.