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Texas penal code Chapter 9 PC9.05

"The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit"

Civil Practice and Remedies code: CPRC Ch. 83. Use of deadly force in defense of a person

CPRC 83.11: Civil Immunity: "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"

I am confused, these two laws seem to contradict each other.

gsmithers wrote:Texas penal code Chapter 9 PC9.05

"The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit"

Civil Practice and Remedies code: CPRC Ch. 83. Use of deadly force in defense of a person

CPRC 83.11: Civil Immunity: "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"

I am confused, these two laws seem to contradict each other.

I would GUESS that Ch. 83 is simply a later clarification, much like the exceptions and changes to CHL law that appear to contradict one another.

It's probably like the concealed handgun posting stuff.... In one paragraph it says you can't carry in a church, nursing home or amusement park...then it says you can't if they're 30.06 posted...

In this case, the first law probably existed, and Texas seems to like to add new laws rather than delete old ones... so they write the exception instead of delete the old thing. It's weird.

LOL...great minds think alike.

Odd, I was told by my instructor that if you fire your gun expect to be sued in civil court unless it was in your home.

When did you take your class? The civil immunity is part of the "Castle Doctrine" law that passed last year.

Fangs wrote:Odd, I was told by my instructor that if you fire your gun expect to be sued in civil court unless it was in your home.

This is not the law, just the opinion of a pessimistic person.

boomerang wrote:When did you take your class? The civil immunity is part of the "Castle Doctrine" law that passed last year.

You still can be sued.

Correct... I can sue you for telling him "you can be sued."

You can be sued for ANYTHING. But some things have a far harder fight, and shooting someone in defense of self or another is pretty darn well protected in Texas.

if you fire your gun expect to be sued in civil court

Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.

I'm more worried about getting hit by lightning.

casingpoint wrote:

if you fire your gun expect to be sued in civil court

Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.

This is what scares me far more than any fear of sleepless nights, guilty conscience or any socio/religious/moral issues raised by taking a life.

I don't figure to shoot anybody that don't need shooting - by my estimation. The shootee's relatives prompted by some shyster may claim otherwise and that scares my mule - bad.

casingpoint wrote:

if you fire your gun expect to be sued in civil court

Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.

Civil rights suits in federal court require action by a government agent.

Chas.

Civil rights suits in federal court require action by a government agent.

As Ed would say, "You are correct, Sir."

And then Johnny would say, " You pooch is still violated bigtime."

Oldgringo wrote:

casingpoint wrote:

if you fire your gun expect to be sued in civil court

Rumor has it that it will cost you anywhere from $10,000 to $50,000 per round in legal fees for each hit you make. That may be rumor, but it's a scary one. And nothing in state law precludes a civil suit against you in federal court for civil rights violations and other blah, blah, blah stuff.

This is what scares me far more than any fear of sleepless nights, guilty conscience or any socio/religious/moral issues raised by taking a life.

I don't figure to shoot anybody that don't need shooting - by my estimation. The shootee's relatives prompted by some shyster may claim otherwise and that scares my mule - bad.

and in this day and age..there are TONS of shyster shark lawyers just waiting for blood to hit the water!