Understanding the ‘Castle Doctrine’
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Friday morning's shooting has raised questions about homeowners' rights when it comes to protecting themselves.
Under Texas law, a homeowner can shoot and kill an intruder, but there has to be a reason.
Robert Powell is a firearms instructor certified by the National Rifle Association. He teaches at the “Best of the West” shooting range in Liberty Hill. For him, a loaded gun serves not only as protection, but as a right he’s proud to have.
Under a rarely-used legal defense called the’ Castle Doctrine,’ a person has a right to shoot and kill an intruder.
"The intent should not be to kill, but to stop the threat," Powell said.
Criminal Defense Lawyer David Sheppard said the doctrine is not always clear cut. The law is designed to protect a person during a home invasion or violent attack, but the shooter will likely have to justify why the trigger was pulled. If a jury doesn’t buy it, they could face murder charges.
"If you can reasonably use a lesser force, you are required by law to use that amount of force and not the higher amount of force," Sheppard said.
Plus, if you shoot and miss your intruder, and hit an innocent third party, there is no defense for harming them.
Perhaps the most controversial portion of the defense is the ability to shoot someone as they are leaving with your belongings.
"It is a reasonable standard, and that is always wishy-washy because that can vary from person to person on what they think is reasonable, so you make yourself subject to other peoples interpretation of whether what you did was reasonable," Sheppard said.
Regardless, gun advocates like Powell would rather brace for the worst. He said many of his students are homeowners who have been victimized and want to learn how to arm themselves.
"I teach my students, the intention is not to kill, but to stop the threat,” Powell said. “That we have a mindset, that we are just trying to protect our loved ones, rather than to have a premeditated murder mindset."
Experts suggest taking a gun safety course before having a weapon at home.