KTSM 9 News

Texas self-defense law during home invasion

EL PASO, Texas (KTSM) — A deadly home invasion Thursday morning in East El Paso sparked the conversation on the legality of using deadly force during a home invasion. 

In the state of Texas, there is the “stand your ground” law. This means deadly force can be used by anyone in the state when it is justifiably believed the force is immediately necessary to protect themselves when being threatened with death or bodily harm. 

Cameron McIntyre, general manager at Gun Central, says a common misconception with using deadly force in the act of self-defense is considered legal, when in actuality it is a justification. 

“One of the justifications afforded via Texas law is if someone attempts to enter your place of residence or does so unlawfully and with force, then you are allowed to use deadly force, or it would be justified to use deadly force at that point,” said McIntyre. 

McIntyre said people should understand what falls under the scope of the “stand your ground law” when it comes to justifying use of force. He said taking basic safety classes can help clarify this for gun owners:  

“The Texas licensed carry handguns course they go over various aspects of what you would classify as self-defense primarily, you know, what’s justifiable use of deadly force and what isn’t justifiable use of deadly force. What isn’t just obvious deadly force might be more important to keep you out of prison.” 

He stressed that shooting or striking to kill is never going to be what instructors preach, but rather protecting the safety of oneself or others. 

“You’ll never hear firearms instructor tell you, “Oh, you should just totally, you know, shoot to kill.” We shoot to stop the threat in the most efficient means possible,” said McIntyre.