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'Castle doctrine' arms Texas homeowners
San Antonio Express-News ^ | 07/01/2008 | Robert Crowe

Posted on 07/02/2008 5:42:42 PM PDT by SwinneySwitch

Just hours before a San Antonio homeowner shot and critically wounded a 21-year-old man who police said walked into his home, a Harris County grand jury cleared a Pasadena grandfather in the shooting deaths of two men suspected in a burglary of his neighbor's house last fall.

The grand jury's action in the case of Joe Horn, 62, and the shooting by San Antonio homeowner Brian K. Stevens, 30, on Monday came one week after the U.S. Supreme Court affirmed an individual's right to own a gun, striking down a longtime ban on handguns in Washington, D.C., that may lead to challenges over weapons restrictions elsewhere.

Scholars say the Supreme Court ruling won't have an immediate effect on Texas, but gun-rights advocates hope Washington residents will soon be backed by similar laws that allow gun-toting Texans to shoot home intruders without fear of criminal charges.

“In Washington, D.C., the only people who could have guns were cops and criminals,” said James Dark, executive director of the Texas State Rifle Association. “Everyone has an inherent right to self-defense like we have in Texas.”

San Antonio police said Stevens likely would not be charged in the 9:30 p.m. shooting of Stephen C. Garcia Jr. at Stevens' home in the 6500 block of Arrid Pass. Garcia survived a gunshot wound to his abdomen and was charged with burglary of a habitation. He was taken to University Hospital, where he remained in critical condition Tuesday. His bail was set at $75,000.

“It appears it was in self-defense, and that the homeowner protected his family,” said San Antonio Police Department spokesman Joe Rios.

Texas law has permitted residents to use deadly force to protect themselves and their personal property for many years. Last year, the Legislature broadened the law to include a “castle doctrine,”...

(Excerpt) Read more at mysanantonio.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: banglist; castledoctrine; corruption; secondamendment
Could this be a trend?
1 posted on 07/02/2008 5:43:11 PM PDT by SwinneySwitch
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To: SwinneySwitch
I'm encouraged. Criminals are going to avoid breaking into people's homes if they know its going to cost them their lives.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 07/02/2008 5:46:09 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SwinneySwitch

Let’s hope so. I’m tired of the scum getting all the breaks.

And DON’T MESS IN TEXAS!


3 posted on 07/02/2008 5:47:06 PM PDT by TribalPrincess2U
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To: SwinneySwitch

We have a Castle law here in Arizona too.


4 posted on 07/02/2008 5:47:59 PM PDT by Mogollon ($5/gal Gas....Kick the Jacka$$es Out!)
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To: SwinneySwitch

I would call it building momentum.

This is a shot in the arm (if you’ll pardon the pun) to gun rights activists everywhere.

It has certainly lit a fire under the NRA. They had been slacking for some years, were being accused of becoming a bunch of self-perpetuating careerist foundation leeches, and of collaborating with the libs. They had even agitated against bringing the Heller case. That appears to be changing with a vengeance.


5 posted on 07/02/2008 5:53:21 PM PDT by sinanju
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To: SwinneySwitch

First Joe Horn, now this. Good.


6 posted on 07/02/2008 6:00:10 PM PDT by dynachrome (Henry Bowman is right)
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To: sinanju

“In Washington, D.C., the only people who could have guns were cops and criminals,” said James Dark, executive director of the Texas State Rifle Association. “Everyone has an inherent right to self-defense like we have in Texas.”

http://www.tsra.com

1-866-897-4353


7 posted on 07/02/2008 6:13:58 PM PDT by SwinneySwitch (US Constitution Article 4 Section 4..shall protect each of them against Invasion...domestic Violence)
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To: sinanju

Actually, I think they were just afraid to rock the boat too much in case the court found that it *wasn’t* a right.

Now that it has been declared a right, the NRA doesn’t have anything holding them back.


8 posted on 07/02/2008 6:53:31 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SwinneySwitch
The D.C. City Council is considering their options to regulate handguns without banning them altogether. The new legislation will specifically allow handguns to be used in the house for self-defense, though not carried on the streets. Trigger locks and empty magazines will not be mandated.
9 posted on 07/02/2008 6:55:21 PM PDT by GAB-1955 (Kicking and Screaming into the Kingdom of Heaven!)
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To: SwinneySwitch

http://en.wikipedia.org/wiki/Castle_Doctrine

The Castle Doctrine in Texas extends to your vehicle as well, allowing a driver to be armed; no duty to retreat anywhere.


10 posted on 07/02/2008 7:00:42 PM PDT by Marauder (Damn the Bolsheviks to hell.)
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To: GAB-1955
I believe a thread was posted on the subject of D.C.’s new gun rules. I cant find the link, but I'll give you the basics:
No semi auto handguns
No “sawed off” shotguns (The barrel has to be at least 18 inches, or something like that.)

So it would seem to me that they are trying to skirt the supreme courts ruling by restricting only specific handguns. What D.C. has done after the ruling is still illegal, but they released a pamphlet on the subject recently.
All handguns can be considered “semi automatic” unless its a single action wheel gun, and this isn't the old west.

11 posted on 07/02/2008 7:05:44 PM PDT by aggie21
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To: GAB-1955

I found that link about D.C.’s new gun laws.
Here:
http://mpdc.dc.gov/mpdc/cwp/view%2Ca%2C1237%2Cq%2C565463.asp


12 posted on 07/02/2008 7:12:48 PM PDT by aggie21
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To: aggie21

That’s not going to fly, either. D.C. is fighting a losing battle.


13 posted on 07/02/2008 7:19:30 PM PDT by GAB-1955 (Kicking and Screaming into the Kingdom of Heaven!)
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To: SwinneySwitch

In this day and age of increasing violence and thugs running the streets, a citizen must be capable of defending life and property.


14 posted on 07/02/2008 7:24:48 PM PDT by cowdog77
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To: aggie21

According to the Heller decision, the City can do all that crap.

The Heller decision was the worst thing to happens to guns for a long time. Horrible.


15 posted on 07/02/2008 9:11:50 PM PDT by BGHater (Heller v. DC= McCain-Feingold for Gun Control)
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To: BGHater

ping


16 posted on 07/02/2008 9:49:27 PM PDT by QBFimi (When gunpowder speaks, beasts listen.)
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To: GAB-1955
"The D.C. City Council is considering their options to regulate handguns without banning them altogether. The new legislation will specifically allow handguns to be used in the house for self-defense, though not carried on the streets. Trigger locks and empty magazines will not be mandated. "

I saw the idiot mayor on TV saying that semiautos were still illegal. I also heard that no guns can be loaded.

17 posted on 07/02/2008 10:26:16 PM PDT by matthew fuller
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To: SwinneySwitch
Just hours before a San Antonio homeowner shot and critically wounded a 21-year-old man who police said walked into his home ...

Next time aim better.

18 posted on 07/03/2008 2:09:16 AM PDT by anymouse
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To: matthew fuller
I understand how you feel, but Mayor Fenty isn't an idiot, especially compared to the City Council. For a Democrat dominated political system, he's very sensible and results-oriented.
19 posted on 07/03/2008 3:18:21 AM PDT by GAB-1955 (Kicking and Screaming into the Kingdom of Heaven!)
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To: SwinneySwitch

We have a castle law here in Florida.
Boy ya should have heard the howls coming from the lawyers and criminals when this was being discussed here.
“The sky is falling, the sky is falling, we’re all going to die.”
All I can say is if ya shoot a criminal breaking in to your home, kill them. Don’t allow it to go to a court where anything can and will happen. Don’t let it go to the courts or somehow some turd lawyer will try to make you out to be the bad guy or the bad guys family will take your stuff and a court will give it to them.


20 posted on 07/03/2008 3:26:18 AM PDT by Joe Boucher (An enemy of Islam)
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To: Marauder
The Castle Doctrine in Texas extends to your vehicle as well, allowing a driver to be armed; no duty to retreat anywhere.

In Florida, our castle law says you have the right to use deadly force "any place you have a right to be". Plus, it prohibits litigation by surviving families against the defender.

21 posted on 07/03/2008 3:29:43 AM PDT by ovrtaxt (This election is like running in the Special Olympics. Even if McCain wins, we're still retarded.)
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To: ovrtaxt

http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378I.htm

I double-checked the language of the Texas bill, and we have the same provisions. I would imagine that if you were out of your car or house and used deadly force to protect yourself and didn’t have a CCW, you might have a problem, IMHO. In any case, what always resonates with me is the old saw about being judged by twelve rather than carried by six.


22 posted on 07/03/2008 6:58:39 AM PDT by Marauder (Damn the Bolsheviks to hell.)
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To: GAB-1955
“That’s not going to fly, either. D.C. is fighting a losing battle.”

Other than total capitulation, I see that as a good thing.

Courts do not like being ignored. The more they try to finesse and wriggle out of honest administration of the 2nd amendment as a full enumerated, Constitutional right, the harder the Court will come down on them.

If they had just gone with what the Court said, and required a license for any handgun that is legal in the U.S., they might have got away with it for a while.

I think the circuit court, if not the DC court, will slap them down hard, and the Supreme Court will not bother to hear an appeal form the circuit.

23 posted on 07/03/2008 1:59:56 PM PDT by marktwain
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