OK... I wasn't thinking Castle Law

by Charles, Tuesday, May 26, 2015, 12:49 (3473 days ago) @ Wildcat

When I read your post, I wasn't thinking Castle Law, but straight self defense under non-Castle law circumstances.

Texas has had a form of Castle Law since 2007. Under circumstances (home, vehicle and business) where the Castle Law might apply, the law creates a rebuttable presumption that the shooting was justified under the Castle Law. The state must rebut that presumption.

At the same time, Texas eliminated the duty to retreat in both Castle and straight self defense circumstances. The duty to retreat was not a part of Texas law when I was in Law School, but was added sometime later. It is gone again and good riddance.


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