State law authorizes the use of deadly force in defense of oneself when a person reasonably believes that force is immediately necessary to protect himself or herself (TX Penal Code Sec. 9.31). A person's belief that the force was immediately necessary is presumed to be reasonable if the person knew or had reason to believe that the person against whom the force was used:
- Unlawfully and with force entered, or was attempting to enter unlawfully and with force, the person's occupied habitation, vehicle, or place of business or employment;
- Unlawfully and with force removed, or was attempting to remove unlawfully and with force, the person from the person's habitation, vehicle, or place of business or employment; or
- Was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
A person's belief that the force was immediately necessary is also presumed to be reasonable if the person did not provoke the person against whom the force was used, and was not otherwise engaged in criminal activity. Under the circumstances described above, a person is not required to retreat before using deadly force.
The Texas Concealed Handgun Law allows individuals to obtain a license to carry concealed handguns except in hospitals, nursing homes, and businesses licensed by the Texas Alcoholic Beverage Commission that derive the majority of their income from the sale of liquor (TX Gov. Code Sec. 411.203). ).
Employment policy. A written policy should outline the mandatory restriction of employees from carrying or possessing firearms while on the job and state that policy violators will be dealt with immediately with appropriate ...