A viral social-media post is suggesting that it may be okay to shoot someone to defend a statue. Our Independent Program Attorneys beg to differ.
Here is U.S. & Texas LawShield® Independent Attorney Edwin Walker’s response:
Texas LawShield recently became aware of a viral Facebook post telling people they can shoot someone vandalizing a statute.
Based on recent events, we understand the importance of knowing whether or not this is valid legal information.
It appears this viral story started as a blog post that reported on one individual’s opinion on the use of force and/or deadly force to protect public property.
The position advocated by the Facebook post cited in the blog is not a very good idea.
The defense of property justifications (TPC 9.41, 9.42, and 9.43) are all based upon the finding that the person’s conduct was based upon a “reasonable belief” that the use of force is “immediately necessary” to prevent the harm to property.
With regard to deadly force, it can only be used if the person “reasonably believes that … the land or property cannot be protected or recovered by ANY other means.”
This presents a lot of room for a jury to find that someone was unreasonable in using force or deadly force to defend against an act of criminal mischief.
Further, deadly force can never be used in response to the crime of criminal mischief in the daytime.
Many people who have commented on this post have posed a “…but what if they come at me…” scenario.
It is true that the circumstances that allow for the use of force and/or deadly force can change instantly. If a person is simply trying to stop a vandal by shouting at him or calling the police, and as a result the vandal attempts to attack the person, then the person being attacked would be justified in using force and may even escalate to deadly force to defend themselves if they have a reasonable belief that they are going to be murdered.
However, if a person were to physically intervene to stop a vandal (any offensive, unwanted, or injurious touching is an assault) and then were to be physically assaulted themselves, the issue that a jury would have to decide is whether or not the person had disqualified themselves from claiming self-defense because of their initial “assault” on the vandal.
Needless to say, this is a very complex issue and should not have been addressed by anyone in a cavalier manner.
It is unfortunate that civilized behavior in our society has devolved to such a state that it is even necessary to consider these issues.
To learn more, we invite Members and guests to attend seminars and workshops presented by experienced attorneys as they discuss laws regarding the legal use of force and legal use of deadly force. To stay on the right side of the law, it is critical you stay current on any legal changes. Don’t miss this opportunity. Click Gun Law Seminar to find out more.
The Law of Self-Defense Explained
9 thoughts on “Can I Legally Shoot Someone If I’m Defending a Statue?”
Apparently it is legal in Texas.
OK! Picturing Johnny Carson with a card to his head.
Hmmmm…. The answer is…. Yes Texas! Places where you won’t find BLM, SJW or the commie-black bloc Antifas desecrating US monuments.
Q: Can You Legally Shoot a Criminal, Defending a Statue?
You have to love Texas’ approach to crime.
So call patriots are not helping the 2A by showing up at demonstrations with guns and rifles. All you are doing is showing that all gun owners are crazy terrorist. Don’t give more ammunition to them. Be smart, and think what are does statues really mean to you. Are they worth going to jail for. Let them have it. Those statues represent an ideas that have been dead for a long time. If you live by those ideas you are in the wrong country maybe planet. Remember defend the 2A the smart way.
Oh shoot! Now you tell me.
If you will kill to protect Murders, Traitors, Saboteurs and defectors stature’s, you have a serious problem. If you look at the Truth these illegal people should not be celebrated in America. I was taught that if you fight against the United States, in any form, and you are from within, you are a domestic terrorist. These men all fought against the United States regardless of when it was. it was still against the United States of America, Look for the TRUTH. But in order to terrorize Blacks in this Country the statures were erected, if you kill regardless of what race you are an outlaw. I do not wanna hear that history bull. They burned my people out, they hanged my people, they burned their crops, rape their wifes, burned crosses on their properties and instilled fear in our race. They had us as second class citizens. I remember Black water fountains, ride the back of the bus, always go to white business and places in the back door. Do not ever think i have any joy in seeing these stature’s in our parks, in our justice centers, and so on. Any man that display the Confederate flag or license plate, i know he hate me and my race, he is my enemy and i am his enemy. I am a retired Airman, i spent my whole life as a Military Man.’ I fought years for this Country, it is mind too. I know everybody that read this will not like it, but i told you to see the truth, if you see the truth you will understand me
Long live the American Red States and Pres. Donald J. Trump, MAGA!
Next Follow-up: On Being Black in a Blue State of Socialist/Marxist/Communists.
Surviving zombies day-to-day and every and all safe space hypocrite snowflakes. Who do nothing at all but whine and destroy, wanting it all for free.
..the oath stands, “Protect against all enemies foreign and domestic.”
Anti-Antifa and Anti-Marxist
Are you drunk?
You,I or any other person can NOT go around shooting other people unless they are actively engaged in trying to kill you. Further more you had better have proof that the person you shoot was trying to kill you. Just because a person, any person, points a firearm at you does not give you the right to shoot that person. Example – A policeman pointing a pistol at you. You have to use common sense.
…just saying its Texas. Their law.