Your Home is Your Castle as it Should Be

Texas. Things are big in Texas. They have big horns, big ideas, big oil, big cities, big ranches and big bold laws. One of these laws is getting some attention around the country and will no doubt get more attention as time goes by.

Texas already has one of the most generous concealed weapons laws on the books. In fact from what I hear from friends and family who live and work in Texas or visit the Lone Star State, it seems there are often people who walk around with their guns on their hips like back in the Old West.

I have seen pictures of bikers with their big hog type bikes fully decked out with all the bells and whistles and the rider being fully decked out to match their bike along with one other accessory, a couple of pearl handled six shooters strapped to both sides.

It must be noted that since Texans regained the right to carry out in the open again, violent crime has plummeted. But this post is not about the Texas carry law. Its about the right of a person to defend their property and themselves.

The Texas Castle Law, as it is commonly known, went into effect back in September of 2007. And it is now getting the attention of liberals and lawmakers all across the country. But what is this law? Here is how Gov Rick Perry puts it:

Gov. Rick Perry today signed into law Senate Bill 378, extending Texans’ rights to use deadly force for means of self-defense, without retreat, in their home, vehicle or workplace. The law takes effect Sept. 1, 2007.

“The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature,” said Gov. Perry. “Today, I am proud to sign the Castle Law which allows Texans to not only protect themselves from criminals, but to receive the protection of state law when circumstances dictate that they use deadly force.

“I thank Senator Jeff Wentworth, Representative Joe Driver and the Texas Legislature for their dedication to ensuring Texans’ rights to self-defense.”

In 1995, the Texas Legislature created an exception to a 1973 statute, which required a person to retreat in the face of a criminal attack. The exception allowed a person to use force without retreat when an intruder unlawfully entered their home. Senate Bill 378 extends a person’s right to stand their ground beyond the home to vehicles and workplaces, allowing the reasonable use of deadly force when an intruder is:

• Committing certain violent crimes, such as murder or sexual assault, or is attempting to commit such crimes;

• Unlawfully trying to enter a protected place; or

• Unlawfully trying to remove a person from a protected place.

The law also provides civil immunity for a person who lawfully uses deadly force in the above circumstances. The use of deadly force is not lawful when it is used to provoke or if a crime other than a Class C misdemeanor is committed by the victim.

Texas is not the first state to enact such a law. In fact these laws are new in the USA. Florida was the first state to enact such a law but it did not do so until 2005. Other states have enacted this law in some form since 2005 and a few more state, including my home state of New Hampshire, are considering such laws.

First there should not be a need for such a law on the books because a person should be able to defend their person, their property without the fear of recourse or prosecution. It is sad that liberals have so watered down our own ability to defend ourselves that such laws must now be enacted to spell out this basic right.

Man all throughout history has had the ability to defend themselves and their property with deadly force if need be, without fear of general prosecution. This is something, this law, that every state needs to get on the band wagon and enact.

I would go so far as to say this is something that should be enacted on a Federal level. Every man, woman and child has the right to protect themselves and their property and should be able to do so without fear of prosecution or being sued by the perpetrator or their families. This is sensible law. This is logical law. This is fair law.

Read more about it:

Wikipedia