Understanding Texas Use of Force Law: A Guide for LTC and CCW Holders
As a Texas LTC Instructor, one of the most critical areas of training we cover is Texas Use of Force law. Whether you have a Texas LTC (License to Carry) or are familiar with Texas CCW (concealed carry weapons laws), understanding when and how you may legally use force is not only vital for your safety—Receiving proper instruction on use of force, is essential to not having legal issues and arrests and is by far, the topic with the highest liability for both the Texas LTC Instructor, (if it’s taught wrong) and the student.
What are the biggest mistakes that Texas LTC holders make in use for force cases?
In 2022, I conducted a survey of 1400 Utah Law Enforcement Officers. The question to them was WHAT would you tell new Concealed Carry Permit holders to do as advice on successful carry as beginners? Here were their answers in order of popularity with other officers.
- Mind your own business: Don’t interject yourself into situations that are not your business!
- One officer said, tell them if they find themselves drawing a gun on someone, in self-defense, be prepared for that person to take your gun away from you and use it against you!
- Another officer said, “Tell them Concealed Carry Means nobody knows they are carrying” and “Printing through your range-up T-shirt is NOT concealed carry.
- Another officer said, TRAIN on your firearm, know how to use if well in any circumstances
- Another officer said “Carry all the time” your gun doesn’t do anything for you at home.
- And another officer said “tell them one word, MINDSET!
- I would add, know your laws! Many people don’t understand the laws and get arrested for using un-justified force
- Training: too many gun owners have accidental discharges with their handguns, due to poor gun handling skills and even injuring or killing others as a result to carelessness, or ignorance of basic gun safety rules.
What does “Use of Force” mean in Texas?
Under Texas law, “use of force” means force intended to cause bodily pain, or worse, DEADLY FORCE means force that is intended or likely to cause death or serious bodily injury to another person. When using force to protect yourself or others from harm, should always be reasonable and immediately necessary. Force can be categorized in two primary ways:
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Non-deadly force –Non deadly use of force (such as verbal commands to stop their unlawful actions) or using less lethal options that are not intended or likely of causing death or serious bodily injury are examples. Non-deadly force can cause bodily injury resulting in physical pain or bodily injury, (such as a bruise as an example, or a minor cut but it’s not intended or likely to cause serious bodily injury or death. For example, using OC (pepper spray) on a person, or using a stun gun, or a taser, or physical restraint of a bad actor are good examples of (Non deadly force). What about Bear Spray as non-deadly force? This comment comes up a lot in our CCW classes. Bear spray has much higher concentrations of pepper and its say’s on the label, (no for human use). IF Bear spray is intended, or likely to cause serious injury or death, then that could be considered a use of deadly force by some interpretation, just use regular OC spray as an alternative for non-deadly force
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Deadly force – Deadly force is any force, that is intended, or likely to cause death, or serious bodily injury to a person. Dangerous weapons are commonly used to present this type of force, guns, knives and bow and arrows. Deadly force can also be an act, that creates or causes serious bodily injury, for example someone tries to run you over with their car, or someone pushes you off a cliff. Another example of deadly force is a black belt in martial arts, or a trained MMA fighter that uses strangulation techniques intended to impede or stop your breathing or circulation. These examples could create a risk of death, or serious bodily injury and therefore a use of deadly force.
As someone carrying under a Texas LTC or receiving instruction in a Texas CCW class, you need to clearly distinguish between these two levels, because the legal consequences are very different and can make the differences between felonies and misdemeanors, if used in bad judgement and not consistent with Texas law. Good words to live by are, reasonable, immediately necessary when using force.
When is Non-Deadly Force defensible? 9.02
Texas Penal Code §9.31 PROTECTION OF PERSONS: allows actors to use force if they reasonably believe it’s immediately necessary to protect themselves against another’s unlawful use of force. This includes situations like:
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Defending yourself or another person from being struck or assaulted.
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Protecting yourself or another person from immediate unlawful harm such as a
In a classroom setting, I always stress this: non-deadly force is defensive, not retaliatory. Deadly force should be a tool of last resort.
9.05 Reckless Injury of innocent third person:
I once heard a personal injury lawyer say that every bullet that harms an innocent person is worth One million dollars for each bullet that causes injury. This means that YOU are responsible for harming innocent third persons. You can be both criminally and civilly liability, if your recklessly injure, or kill an innocent person.
9.06 States you can be civilly sued, even by justified conduct in use of force cases.
This is where proper Texas CCW training becomes invaluable. Understanding the “reasonable belief” standard and being able to articulate your actions are crucial in the aftermath of any defensive encounter. A reasonable belief is based on what a reasonable person would do in your circumstances, given all the facts and what you knew at the time you used force. A person sitting on your jury case, is presumed to be a reasonable person.
9.31 Self-defense law and presumptions of reasonableness
It is presumed you were reasonable if the bad actor did or attempted to do any of these things to you:
- Unlawfully and with force entered, or attempted to enter your occupied home, vehicle, or place of business or employment
- unlawfully removed with force or attempted to remove you from your home, vehicle, or place of business or employed. For example, some is trying to do this in a road-rage against you, or they are breaking into your home, business or employment
- You reasonably believed using the force was immediately necessary to prevent the commission, or attempted commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery
And:
- You did not provoke the person against which the force was used
- You were not otherwise engaged in criminal activity, other than a class C misdemeanor traffic law
- If they abandon the encounter, or clearly communicate their intent to do so against you
- Remember verbal provocations alone made against you are NOT legal justifications to use force against a person. For example, someone called you an offensive name and you used force for that, not justified.
- You are not justified in using force, during a lawful
When Deadly Force is Justified
Deadly force under Texas law (Penal Code §9.32) is more restricted. As a Texas LTC holder, you may use deadly force only if:
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You reasonably believe it is immediately necessary to prevent death or serious bodily harm to yourself or another.
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You are stopping certain violent felonies such as aggravated robbery, aggravated kidnapping, or sexual assault.
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You are preventing unlawful, forceful entry into your occupied home, vehicle, or business.9.21 Public Duty
There is no duty to retreat from unlawful force if you are lawfully present to protect yourself from bad actors. Also, just because you are a Texas LTC holder, does NOT require you to intervene for third parties but it is an option
9.33 Defense of third persons
This statute authorizes you to also protect others, similarly if you reasonably believe it immediately necessary to protect that third person from unlawful force, or other exceptions stated earlier
9.34 Protection of life or health
A person is justified in using force, (except deadly force) if they reasonably believe it’s immediately necessary to prevent that person from committing suicide or inflicting serious bodily to themself. For example, you take a knife away from a suicidal person to prevent them from slashing their throat, or you they are attempting to take pills that kill them etc.
9.41 Protection of one’s own property
A person my use force, except deadly force to protect tangible, or moveable property that is lawfully in their possession.
- When you reasonably believe it’s immediately necessary to protect the property, or to terminate a trespass onto that property. For example, you saw someone stealing a lawnmower from you front yard etc. Or you were stopping a trespasser from entering your property.
9.42 Deady force to protect property
Deadly force is justified in protecting your tangible or moveable property IF:
- You would be justified in using force against that person under 9.41 just mentioned AND
- You reasonably believe the deadly force is immediately necessary:
- To prevent the imminent commission of Arson, burglary, robbery, aggravated robbery, theft during the nighttime.
- To prevent the person from fleeing immediately after committing the above crimes AND you reasonably believe the property can’t be protected, or recovered by any other means, OR
- Using non-deadly force would expose you to a substantial risk of death or serious bodily injury.
9.43 Protection of third person’s property:
You can protect a third person’s property, IF you would be justified in protecting you own property under sections 9.41 and 9.42 AND
- you reasonably believe that person is committing or attempting to commit theft, or criminal mischief (property damage)
- The third person requests aid from you (they ask for help)
- Or you have some legal duty to protect, such as you are a police officer and you are protecting property as part of your duties
- OR if the third person’s property is your spouse, parent, or child, or a person resides with you (a roommate), or is under your care, (you are caring for a friend house sitting)
9.44 Use of a device to protect property
The use of devices under these sections can be justified IF the device is not designed to cause or known by you to cause death or serious bodily injury. (Example you rig up your motion sensors to turn on a sprinkler (when someone unlawfully enters your driveway)
9.62 Educator’s justification to use force against student’s under age 18
Teacher’s, for example, may use force (except deadly force) to the degree they reasonably believe is necessary to further the special purpose, or to maintain discipline in a group. (For example) a teacher physically removes a student from the classroom that does not willingly leave on their own.
The Castle Doctrine & Stand Your Ground in Texas
Texas law incorporates the Castle Doctrine, which allows you to defend yourself in your home, vehicle, or place of business without a duty to retreat. Additionally, Texas has a Stand Your Ground provision, meaning if you are lawfully present and not engaged in criminal activity, you are not required to retreat before using lawful force.
As I tell every student in my Texas LTC class: the absence of a duty to retreat does not mean you should avoid de-escalation. Responsible carry means using deadly force only when absolutely necessary.
Instructor’s Final Word:
I believe Texas LTC holders are held to a higher standard than someone carrying under Constitutional Carry.
The responsibility of carrying under a Texas LTC or practicing Texas CCW is a privilege, that can be revoked or suspended by Texas Handgun Licensing at DPS, if you engage in conduct that becomes a crime, or if you become a danger to yourself or others. Knowing Texas Use of Force law ensures that you stay on the right side of both morality and legality. Always remember de-escalation is the best option whenever possible, and the use of deadly force should remain a tool of last resort. Additionally, as a general rule with exceptions, I only use deadly force to prevent death and serious bodily injury to a person. Deadly force in defense of property, should be carefully considered and good judgement used. Things can be replaced in most instances and may not be ethically, or morally right to do.
You can take our Texas LTC class either in person, or ONLINE HERE https://gunclassutah.com
The Author of this post Phil Snyder is Certified both in Texas and Utah as a LTC Instructor. Phil is also a retired Unified Police Officer of SLC, Utah.