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Castle Doctrine Extends Rights To Protect Yourself

Rebecca Taylor
Reporting

(CBS 42) AUSTIN TX - A new law gives you more rights to protect you and your family. It's the first bill of the 80th legislative session signed into law by the governor.

If an intruder bent on harm breaks into your home, the law is clear, you can use deadly force to protect yourself.
But what if you're in your car or at work? With this new law, you now have the same right to defend yourself.

Andrew Burkes likes the new law.

“It lets you know you can defend yourself if that happens,” Burkes said.

Burkes bought an AK-47 at a gun shop in Round Rock where gun dealer Sam Paxman says people in fear for their lives shouldn't have to run away from the bad guys.

“I think it's a very good idea because some people can't get away,” Paxman said.

But that's what the law said you generally had to do, retreat-- to run away if you could --before resorting to deadly force.

The Castle Doctrine changes that in some situations. It's based on the idea that a man's home is his castle. That's why, for 12 years now, Texas law said you don't have to retreat from an intruder in your own home.

This new law expands your rights, so you can stand and fight if you're in your car or your workplace as well.

“Why should people that have worked for their home, their property, why should they have to retreat?” Scot Stromsness said.

Retreating is something these men say they just won't do.

“If somebody's threatening me, I will go into the house and get my gun,” Frank Friedel said.

The National Rifle Association backed the bill.

Texas is the 16th state to adopt a Castle Law.

It's important to emphasize, deadly force is only justified if you're trying to defend yourself, not your property. That means you would only be justified if you were inside your car when the intruder tried to break in.

The law also provides civil immunity for people who use deadly force in those situations. That's supposed to stop criminals or their families from suing you if you fight back.

(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)

Please visit www.danfrankrealty.com

Posted: Thursday, March 29, 2007 6:10 AM by Danny Frank

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