The Gun Blogs

Dallas Morning News:

State Rep. Joe Driver, R-Garland, wants people to have the same right to shoot intruders who invade their cars and businesses as they have to shoot people who break into their homes.

If House Bill 284 were to become law, a person would have the right to use deadly force and would no longer be required to retreat to avoid violence in a business, workplace or vehicle.

Actually, we already have legal precedent for lethal force in self defense while in a vehicle. Tomorrow when my blog comes back online and I can search it, I'll try to look up the reference and link it.

In short, the very first instance of lethal self defense by a Texas CHL holder was when he was attacked while sitting in his car in a traffic jam. The man who attacked him was punching him with his fists through the open window. The man being attacked shot and killed the one hitting him.

It was no-billed--the pre-trail hearing determined it was lawful self defense and that was that.

However, this bill also provides protection against civil suits. Pertinent part here:

Sec. 83.001. AFFIRMATIVE DEFENSE. It is an affirmative defense to a civil action for damages for personal injury or death that the defendant, at the time the cause of action arose, was justified in using force or deadly force under Subchapter C, Chapter 9, Penal Code.

SECTION 5. Chapter 83, Civil Practice and Remedies Code, is amended by adding Section 83.002 to read as follows:

Sec. 83.002. COURT COSTS, ATTORNEY'S FEES, AND OTHER EXPENSES. A defendant who prevails in asserting the affirmative defense described by Section 83.001 may recover from the plaintiff all court costs, reasonable attorney's fees, earned income that was lost as a result of the suit, and other reasonable expenses.

Of course, the Brady Campaign to Prevent Lawful Self Defense doesn't like it, but they couldn't stop this movement in numerous other states, and I doubt they'll have much effect in Texas.

The full text of the new bill can be found at the Texas Legislature website as House Bill No. 284.

Crossposted from Blogonomicon (or it will be, when my blog comes back online tomorrow).