Family Armory & Indoor Range has partnered with Texas Law Shield in order to provide firearm educational opportunities to the public. Texas Law Shield offers legal protection for gun owners. In addition, Texas Law Shield conducts a gun law workshop featuring new laws at least once per month at Family Armory & Indoor Range. During these workshops, students will have a chance to interact with lawyers, law shield representatives, and those with law enforcement experience. Students can register online to attend a Texas Law Shield workshop at Family Armory & Indoor Range in Midland, TX. Students are required to pay a nominal fee to attend the class. Texas Law Shield members pay a reduced student rate.
No immunity from lawsuits
There is a common misunderstanding that there exists a law that if you are legally justified in using your gun that you can’t be sued. This is just not the case. First, if a person has the filing fee, anyone can sue anyone else in the State of Texas. There is no one stopping anyone else from filing a lawsuit. Winning a lawsuit is a different issue entirely. If someone files the lawsuit, no matter how frivolous, it still must be dealt with, and it still must be shown to the court that this or that defense bars this lawsuit. This process can take significant time, money, and legal energy even for the most loser of cases. In short, lawyers get paid and even if you beat the “rap,” you still have to take the civil “ride.” So, if there is no immunity to lawsuits for gun owners, what protection is there?
DO IMMUNITY STATUTES REALLY WORK?
Immunity for certain claims Most important for gun owners if they find themselves included in a civil suit after a justified use of force will be Texas Civil Practice and Remedies Code § 83.001.
Immunity from Damages Tex. Civil Practice and Remedies Code § 83.001
A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.
This section provides that a person who uses force or deadly force that is justified under Chapter 9 of the Texas Penal Code is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable. This statute does not prevent lawsuits; it just makes the ones filed harder to win. Immunity from liability is an affirmative defense, and, as such, this defense will be considered only after a plaintiff is well into the pain a civil suit may cause an innocent defendant. Texas courts have ruled that immunity from suit would be a violation of the “Open Courts Doctrine” of Article 1, § 13 of the Texas Constitution. A Texas intermediate appellate court ruled in In re Smith that section 83.001 does not mean immunity from suit. In re Smith, 262 S.W.3d 463 (Tex.App.—Beaumont 2008) It means immunity from damages if the defense is proven during the case.