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I always get questions while teaching the TX CHL Course about being able to use “deadly force” to prevent “theft during the night time”.  Why just at night? Why not during the day? Who decided to write the law that way? Well, I say this law comes from the same source as most of the laws of our United States of America. The Holy Bible.

 

“If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed; but if it happens after sunrise, he is guilty of bloodshed. A thief must certainly make restitution, but if he has nothing, he must be sold to pay for his theft” : Exodus 22:2-3.

 

Notice that this passage from scripture also points out that the defender is “guilty of bloodshed” if it is after sunrise, meaning that you (the defender) can see clearly in the light of day and should know the thief’s intentions.  Texas Penal Code says the same. This is also addressing a thief (someone who is stealing your tangible, moveable property). This is NOT addressing a criminal who has other intentions such as rape, murder, home invasion, etc. We will discuss that one in a future blog.

 

Give me your thoughts! Stay safe and see you next time.


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