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To: Honcho
In TEXAS, deadly force is allowed to protect property during the nighttime hours. So, if someone is stealing your garden hose at night you can shoot them....even in the back...no, especially in the back since they'll probably will be running away.

You cannot however, use deadly force on an arsonist who has already started the fire....go figure.

A few years back, a guy got his hubcaps stolen at his apartment complex. He bought new ones, but put an alarm on his car. Someone set off the alarm and he saw a car racing away(at night) and his hubcaps missing. He gave chase, caught up with the car and Killed everyone in the car. He was no billed! The hubcaps were in the car.

Now, nothing about this incident suggests that deadly force was appropriate, even in Texas. But, an understanding of case law is necessary to determine if deadly force is allowed. Something you learn in conceiled carry classes.

18 posted on 11/03/2003 5:26:19 AM PST by cb
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To: cb
So, if someone is stealing your garden hose at night you can shoot them....even in the back...no, especially in the back since they'll probably will be running away.

I would call that Vigilante style force. I would have a hard time explaining to friends and family that I shot someone in the back "especially" as they were running away over hubcaps. Regardless if the law says you can kill everyone in the car and get no-billed.

I think the shooter was lucky to get no billed. BTW, I am from Texas.

23 posted on 11/03/2003 5:45:25 AM PST by Orange1998
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To: cb
I can see lethal force against those robbing you --- but a teen prankster is only an annoyance. You do have a right to protect your property --- but the knocking and running is different. I bet this guy had run-ins with these kids before and decided this time to just get them good --- kill them.
25 posted on 11/03/2003 5:56:45 AM PST by FITZ
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To: cb
In TEXAS, deadly force is allowed to protect property during the nighttime hours.

Not only during the night. It's just that a specific crime, theft, can only be responded to with deadly force during the night. You can also use deadly force to stop someone fleeing with your property, night or day, if a reasonable person would determine that it was the only way to recover your property. Better to let the cops handle recovery in most cases, if only because of civil liability problems, either from you shooting and hitting the thief or shooting and hitting your neighbors' dog.

44 posted on 11/03/2003 10:32:20 AM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: cb
A few years back, a guy got his hubcaps stolen at his apartment complex. He bought new ones, but put an alarm on his car. Someone set off the alarm and he saw a car racing away(at night) and his hubcaps missing. He gave chase, caught up with the car and Killed everyone in the car. He was no billed! The hubcaps were in the car.

I remember that. They weren't hubcaps, they were some particularly expensive custom wheels. I don't think he chased the kids down, but he did fire into their vehicle, with an SKS. Some of them died, but I don't think it was all of them. He was indeed no billed, by a Dallas grand jury.

46 posted on 11/03/2003 10:37:49 AM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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