<strong>LESSON 1: The use of deadly force and firearms safety</strong>

LESSON 1: The use of deadly force and firearms safety

When obtaining a Texas License to Carry, individuals need to understand the laws and regulations surrounding the use of deadly force and firearms safety. It is essential for those who choose to carry a firearm to know when it is appropriate to use deadly force to protect themselves or another person.

Under the Texas Penal Code, the use of deadly force is justified if an individual reasonably believes that such force is immediately necessary to protect himself or another against another’s use or attempted use of unlawful force. However, some additional restrictions must be taken into consideration, including whether the person against whom the deadly force is used had the right to be on the property, was engaged in criminal activity, and was attempting to enter the residence without consent. 

In addition, it is essential for anyone who chooses to carry a firearm to understand the importance of proper firearm safety practices. This includes always ensuring that the gun is unloaded when not in use, properly storing it in a secure location, and never pointing it at anyone. In addition, individuals should practice proper trigger discipline and know how to safely check, handle, and clean their firearms. 

By understanding the laws regarding the use of deadly force as well as basic firearms safety practices, those who obtain a Texas License to Carry can do so responsibly and confidently.

PENAL CODE

Laws that Relate to Weapons and to the Use of Deadly Force

This section is designed to be taught in two parts. Part A will cover the penal codes that relate to the laws for carrying a handgun. Part B will cover the use of force laws.

Part A-Laws that relate to carrying a handgun.

I. Penal Code Chapter 46 ‐ Weapons A.

  1. Penal Code 46.01(5) Handgun ‐ any firearm that is designed, made or adapted to be fired with one hand.
  1. Penal Code 46.03(c)(2) -Institution of higher education and private or independent institution of higher education has the meaning assigned by section 61.003, Education code
  2. Penal Code 46.03(c)(4) -Premises ‐ A building or portion of a building. Does not include any public or private driveway, street, sidewalk, or walkway, parking lot, parking garage, or other parking areas.
  1. Penal Code 46.03 ‐ Places Weapons Prohibited
  • This section applies to both license and non‐license holders.
  • Subsection (a) (1) prohibits carrying on school grounds unless authorized in writing by the institution or the person has an LTC and is carrying concealed on the premises of an institution of higher education.
  • Subsection (a)(2) prohibits carrying at polling places on election day.
  • Subsection (a)(3) prohibits carrying in court offices unless authorized in writing.
  • Subsection (a)(4) prohibits carrying at racetracks.
  • Subsection (a)(5) prohibits carrying in the secured area of an airport.
  • Subsection (a)(6) prohibits carrying within 1,000 feet of execution (if notice is received).
  • Subsection (a)(7) prohibits carrying in a business that derives 51% or more of its income from the sale or service of alcoholic beverages for onsite consumption.

PC 9.04 threats as justified as a threat

A threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as your purpose is limited to creating an apprehension that you will use deadly force if necessary, does not constitute the use of deadly force.

PC 9.06 reckless injury of an innocent third person

Even if you are justified in using force or deadly force against another if in doing so you also recklessly injure or kill an innocent third person you have no protection under the law for the reckless injury or death of the innocent third person.

     PC 9.21 public right

  • You have no legal duty to protect against or prevent a crime.
  • Should be the last resort

TRAFFIC STOPS

  • Have your DL and LTC ready before the officer arrives
  • Roll down the window before the officer arrives
  • Turn on the dome light if it’s nighttime
  • Keep both hands on the steering wheel in clear view of the officer
  • Follow commands and don’t reach for things