The right to armed self-defense is a precursor to the numerous other liberties granted to law-abiding U.S. citizens by the Constitution. It is not exercised nearly as much as those freedoms involving speech, religion, the press and others.

However, if the Second Amendment did not exist, many of these other rights could quickly become meaningless.

This is apparently the case in an incident in East Texas in the early evening hours of Sunday. Details are still sketchy, but police were called to a rural area between Bullard and Jacksonville at around 6:45 p.m. for a reported shooting.

When authorities arrived at the scene they found a deceased man on the ground who had suffered gunshot wounds. He was later identified as Tommy Peeler, 69, of Longview

According to a statement from Cherokee County Sheriff Brent Dickson, 54-year-old Stephen Driskel and 64-year-old Sue Peeler were held for questioning in the fatal incident. However, the ensuing investigation confirmed that Driskel shot Peeler in an act of self-defense, and the two were released.

Driskel may be thankful for Texas Penal Code 9.31. This statute states 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.”

Sheriff Dickson further noted that the case is still under review. The findings will be sent to the District Attorney’s office for possible presentation to the grand jury.

But as it currently and likely will continue to stand barring new information, the incident was one of constitutional self-defense. What is increasingly clear is that there is no substitute for being armed and prepared for a possible violent encounter, and this is proven repeatedly.

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