Texas Self-Defense Law 101
In Texas, self-defense laws are defined in Title 1 Chapter 9 of the Texas Penal Code. In this section, we find that "A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force." You then have "presumption" that you are presumed to be reasonable in your actions when/if someone unlawfully enters or attempts to enter your occupied habitation, vehicle, or place of business or employment. Nowhere in this chapter are there any restrictions on use of deadly force when defending yourself.
The famous "Stand Your Ground" law states that if someone attacks you with a deadly weapon you can respond with deadly force without requiring you try to escape or retreat to a safe place. It does, however, consider the reasonable presumption of withdrawal from the confrontation if the people were in an argument or exchange of words. If the parties involved in the conflict are carrying firearms, as permitted by law in Texas, the allowance for self-defense becomes intertwined. That being said, that argument or dispute has to escalate into the use or attempted use of deadly force before the presumption of withdrawal is allowed.
For reference, here is the text of the relevant portion of Title 1 Chapter 9 of the Texas Penal Code: "§ 9.32. Deadly Force: Presumed. (a) A person is presumed to have acted reasonably if the actor:
- (1) believed that the force employed was immediately necessary to protect the actor against the other’s use or attempted use of unlawful deadly force; and
- (2) did not provoke the other in the use or attempted use of unlawful deadly force; and
- (3) did not resort to the use of force before the force escalated to the other’s use or attempted use of unlawful deadly force.
(b) The presumption does not apply if:
(1) the actor initially provoked the other’s use or attempted use of unlawful deadly force , unless the actor has withdrawn from the encounter and clearly indicated to the other that the actor has stopped trying to resolve the conflict through force. Withdrawal of consent to an encounter includes expression by written or spoken words or by other conduct that constitutes an objective manifestation that the encounter is no longer consensual; or
(2) the actor was engaged in criminal activity, other than a Class C misdemeanor, or was using criminal means to protect the actor’s property."
The assumed withdrawal becomes inapplicable once one party escalates the conflict past a verbal altercation or dispute to a physical attack. So if someone points or displays their firearm or tries to shove you, you cannot legally pull your own firearm in response. However, if someone breaks into your home or comes at you with a gun, your use of deadly force would be presumed to be safe and you would be justified in doing so.
Practical Implications
Knowing the "presumption" is a requirement to understanding the full nature of self-defense laws in Texas. When you are in a life-or-death struggle, without having to try to get away first, the presumption is in your favor. Simply being armed and capable of defending yourself does not promote problems with the presumption of withdrawal. That being said, if you do have a weapon, you should still treat those around you with respect and not automatically assume that they will also be carrying a weapon, making additional issues for yourself. Additionally, even though possessing weapons within your property is legal, you should still treat and practice your responsibilities as a bona fide weapon owner. Only use your weapon when necessary to protect yourself.
What is Allowed as a Self-Defense Weapon
A variety of weapons are permissible for self-defense and defense of others in Texas, including the following:
Firearms
A person has the right to carry or possess a handgun in most situations in Texas. In 2016, the Open Carry law took effect allowing handgun license holders to openly carry a handgun in a holster that is visible. The law includes several limited exceptions that apply in particular circumstances. For instance, it is illegal to carry in Schools or at sporting events.
The Texas Penal Code does have a number of legally defined "places where weapons are prohibited", which can include schools, correctional facilities, polling places, court houses, government offices, hospitals, amusement parks, bars, and racetracks. It is a third degree felony to carry a firearm into a location defined as a "place of worship."
Penal Code 30-06 (Signage, concealed carry of handguns with a license)
Penal Code 30-07 (Signage, open carry of handguns with a license)
Knives
Texas does not define knives in a way that limits self-defense, and all knives are legal in Texas. However, knives, swords and other weapons are prohibited in certain places including schools, government buildings, and event facilities.
Penal Code 46.02 (Intentional, knowing, or reckless carrying of weapon).
Penal Code 46.03 (Location Restricted by Prohibited Places).
Penal Code 46.15 (Nonapplicability).
Tasers and stun guns
Tasers and stun guns are considered non-deadly weapons in Texas, and are permitted for self-defense.
Firearm Laws and Carrying Weapons
A person may possess firearms, shotguns, rifles, ammunition, and components of firearms in Texas as long as that person is not a "prohibited person." A list of prohibited persons can be found on the Texas State Police website.
Sale, transport, purchase, or possession of an automatic firearm or "assault weapon" is illegal.
"To obtain a license to carry a pistol concealed," you must apply, pass required training classes and pay a fee. This license allows a person to carry a handgun in public. It does not permit a person to carry in certain places.
The law regarding open carry of long arms was repealed in 2015. Open carry means carrying a firearm, such as a hand or long gun, in public visibly.
As of September 1, 2019, persons who may legally possess handguns and knives can carry those items on their person, or in their vehicle, without a license to carry. Any open carry will require a permit. Per city charters, cities have the authority to regulate the carrying of handguns on the city’s chartered property.
Restricted areas for firearms include the following:
Per Texas Government Code § 411.205, an individual may request a key or key code for the key box in lock boxes placed on school grounds for the purpose of providing access to a law enforcement officer to perform certain actions.
Texas Laws Regarding Knives
According to Texas law, blades 5.5 inches and below are legal to possess in your home, vehicle, or premises under your control without a license. Folding knives and daggers of any length are generally legal to possess or carry; the key factor is in how they are carried. For example, the section of the Texas Penal Code that makes daggers illegal to carry says that a dagger is a "knife with a double-edged blade that is capable of inflicting serious bodily injury and is carried with intent to use the knife in a way for which the knife is designed." This means that serious investigations into the defendant’s intent will take place where knives that might be considered illegal are possessed.
Under the Knife Laws in chapter 46 of the Texas Penal Code, knives that are not illegal to possess and carry include:
- Bowie knives
- Dirk knives
- Ballistic knives
- Machetes
- Spear guns
- Texas Penitentiary knives
- Swords
- Sabers
- Scimitars
- Balisongs
- Blow guns with a projectile
- Switchblades
- Throwing knives
- Darts except in a school or on school property
- Hunting knives
- Texas 4-inch blade knives
- Gravity knives
- Bing knives
A straight-bladed knife cannot be carried on any premises licensed to serve alcohol, however, handguns and other weapons are legal to carry with a concealed handgun license. A carrying license supersedes all laws regarding simple knives under 5.5 inches. In Texas, people have the right to defend themselves against someone if you are in danger of serious bodily injury or death. The following conditions must be present before a person can legally use a weapon for self-defense:
- You have an immediate need to employ deadly force
- No immediately available alternative
- Immediate harm is imminent
- Employing a defensive weapon is meant to prevent harm. If you are confronted with a dangerous situation where your life is at risk, do not back down. stand your ground and remember to comply with police officers’ orders unless you fear for your life if you comply.
Non-Deadly Self-Defense Weapons
Given recent tragedies in the news, many people are searching for non-lethal weapons for their personal protection. The Texas Penal Code does regulate the sale, purchase, possession and use of some weapons, but others are more heavily restricted. Some of these laws are moving targets that tend to change periodically. One category that is almost completely unrestricted in Texas is a common household ingredient called OC ( an abbreviation for Oleoresin Capsicum). It is most commonly known as "pepper spray." Under Texas Penal Code § 46.15(b)(6), the prohibition against the sale, use or possession of self-defense spray – OC – does not apply if the spray contains not more than 0.5 percent by weight of oleoresin capsicum (the active ingredient in pepper plants). This means that if you purchase a commercially-available pepper spray product containing 0.5 percent or less by weight of oleoresin capsicum, it is legal for you to possess and carry it. Assuming you are not a prohibited possessor under federal law, you may buy the spray, carry it in public, and use it in self-defense. While it certainly has a disabling effect, it is incapable of killing someone. According to the International Association of Chiefs of Police , the most common injuries from pepper spray are: Another legal alternative for self-defense is a stun device or taser. Under Texas Penal Code § 46.15(b)(1), the prohibition against the use, possession or sale of an electric stun gun does not apply to a person who possesses or uses a stun gun for personal protection. Texas law has not specifically addressed tasers but because the weapon operates under a similar principle, it is safe to say that it is not considered to be lethal. However, even if it is a legal alternative, using it could lead you into a gray area. Under Penal Code § 1.07(a)(11), "Deadly weapon" is defined as "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." Because serious bodily injury, as defined in Texas Penal Code § 1.07(a)(46), is "injury that creates a substantial risk of death, or that causes serious permanent disfigurement, or that causes protracted loss or impairment of the function of a bodily member or organ," using a stun gun or taser on another human being and causing serious bodily injury or death could possibly expose you to a felony level charge.
Self-Defense Weapons and Proper Training
Owning and carrying legal weapons in Texas, such as self-defense pistols and stun guns, comes with a significant responsibility: the need to receive proper training, know how to handle the weapon, and master safe storage practices. Doing so not only approaches the issue of legality from a common sense perspective, but also cuts down on the potential for unintentional injury or death; because of the potential for severe if not fatal injuries with the most common types of legal weapons, failure to exercise reasonable care can have catastrophic consequences both for the careless person and for their injured friends, loved ones, acquaintances, and members of the general public.
Communities across Texas offer classes and programs on personal and property safety, self-defense, crime deterrence, home safety, hazard avoidance, and other related topics. The use of weapons for self-defense and other purposes is usually briefly covered in these programs, but individual pursuit of formal weapons training can be beneficial for a number of reasons. Basic firearms safety programs and self-defense weapons training classes do not need to be pursued through an accredited school – many qualified and experienced instructors and professional operators offer training at a number of levels for everyone from beginners to experts in their field. When pursuing any program that involves the use of a weapon, individuals should research the instructor to ensure that they are qualified to teach; this can mean checking for credentials, state licensing, or other credentials as well as reviews and feedback from former students.
Safety programs and courses can be found through professional resource centers, industry tactics blogs, forums dedicated to legal weapons, gun and hunting clubs, gun shows, shooting ranges, and similar venues. Many police and sheriff’s departments offer classes as well. Those who own legal weapons in Texas should take the time to fully vet a program, and gain reassurance that the instructor has practical, real-world and/or classroom knowledge on the subject and a proven track record as a teacher and trainer.
Potential Legal Outcomes
When discussing the potential legal consequences of misusing self-defense weapons, we would first like to reinforce clarity over convoluted language. If you must use a weapon to defend yourself in Texas, the law requires that your actions be "reasonable." When facing charges for a legal weapon’s misuse, rarely will you be given the benefit of the doubt if your actions are seen as unreasonable.
For example, if a small group of high school bullies walks your way, and they make aggressive motions toward you, it is likely that a jury of your peers would understand a non-legal self-defense weapon being used against them. However, if those same bullies are effectively coming at you bare-handed and you choose to pull out your sword cane and start swinging… you’re going to be in a lot of trouble!
Another example: The same situation unfolds and the target of the bullying is your 12-year-old son. The gang of bullies are multiple grades higher; meaning they’re bigger , stronger, and faster than your son. If they solicit you for help, and you choose to legally carry knife or sword-cane to defend your son against immediate harm, you will more than likely be seen as legally defending yourself and others and end up with no charges filed.
However, if you were to leave the scene, walk across the street, stop at 7-11 and buy a 40 ounce bottle of malt liquor, get back in your car, drive across town back to the school, and start a fight by swinging your sword-cane at the bullies… you’d be viewed as the aggressor because of the distance you travelled from the "initial confrontation." Not only that, it could very well be assumed that you were seeking an excuse to use these weapons.
The bottom line here is: If you need a legal weapon to defend yourself or others, then you had better be directly facing imminent, deadly threat when you use it, and your actions need to be reasonable immediately before, during, and after the event.