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In northeast Houston, a homeowner turned the tables on two car burglars just after midnight. According to investigators, he stepped outside his home on Woodlyn Road and opened fire when he caught the suspects breaking into his vehicle.
One suspect was hit and taken to the hospital, and both now face charges. The Harris County District Attorney declined to charge the homeowner, citing state law.
Gun rights advocate Colion Noir weighed in on the case, noting both the emotional pull of protecting what you’ve worked hard for and the narrow legal lane Texas allows when using deadly force for property protection.
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“Who started the fight? The person trying to steal it,” Noir said. “They put themselves in the line of fire. But that’s not how the law works in most places.”
Deadly Force and Property in Texas
Under the Texas Penal Code, deadly force may be justified to protect tangible property in very specific scenarios:
- Theft or burglary at nighttime
- When deadly force is reasonably believed to be immediately necessary to stop the theft or a fleeing thief
- When the homeowner reasonably believes the property cannot be recovered by any other means
Noir emphasized this is a high bar and that Texans need to understand the legal tests before pulling the trigger.
Practical Questions Noir Poses
Noir urged viewers to ask three critical questions if faced with a similar situation:
- Is it nighttime?
- Is the theft imminent?
- Can the property be protected or recovered any other way (calling police, retreating, locking up)?
If the answer to those questions points to deadly force as the only option, Texas law may shield the homeowner. Otherwise, firing could lead to legal jeopardy.
In this case, the DA’s office determined the homeowner met the legal threshold. But as Noir pointed out, while the law backed him, the bigger question is whether stepping outside with a gun is always the right call.
What say you? Would you take a shot at car thieves?
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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She needs to grow up. She’s never known anything but fame and fortune. Most Hollywood Ites don’t have a clue how the American people live day to day.
In Arizona you can’t shoot someone for trying to steal your property, which is bullshit. I would say they were trying to rob me and plant a knife on them.
Luckily, they aren’t charging the homeowner… Best even in Texas to remember the lesson from the CC course: “Every bullet fired has a lawyer attached to it”. Even if he isn’t charged we have seen many times how the civil lawsuit plays out. Upside down courts have been with us for quite a while and there are jurisdictions in Texas that are as liberal as California (because they came from there…)
You never shoot a man in the back especially not after he is off your property!
Most jurisdictions don’t allow using deadly force to protect property. Usually not worth the risk, IMHO.
Texas law should be the same everywhere. Watch out, repo men! LOL Seriously though, I do think a warning is called for.
I hate to say it but not shooting a criminal who is committing a crime is like not shooting a rabies infected animal wandering around your property in the hope that no one will be bitten in the future.
Most police forces use the motto, “to protect and serve” but the reality is that police CAN DO NEITHER when politicians DO NOT allow police to enforce the law and enact policies that in effect reward criminals with reduced or zero bail and short prison sentences.
I have about 12 different guns, far right conservative, I have a CCW. And I don’t want bullets flying in my neighborhood because of stolen car. I see how people are badly trained when I go to the range.
I will not shoot them either. 20000 dollars lawyer retainer vs 500 insurance deductible? The choice is clear.
if you see a gun shoot them, if not yell at them then if they pull a gun(s) shoot them, if they come toward you shoot them, and if they run away just stay vigilant they might come back armed, and what ever happens no matter what for no reason don’t shoot the car…..it didn’ do nuttun!