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I doubt we'll see much "looting" in Texas
Self-Defender Net ^ | Sep 22, 2005

Posted on 09/22/2005 3:11:48 PM PDT by blogblogginaway

The Self Defense Laws Of Texas

The Texas Constitution Article 1 - BILL OF RIGHTS Section 23 - RIGHT TO KEEP AND BEAR ARMS

Deadly Force in Defense of Person

"A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other's imminent commission of aggravated kidnapping, murder, rape or robbery."

Defense of Another Person

"A person is justified in using deadly force against an attacker to protect another person if he would be justified to use it to protect himself against an unlawful attack and he reasonably believes his intervention is immediately necessary to protect the other person from serious injury or death."

Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

Protection of the Property of Others

"A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief."

"Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child."

Reasonable Belief

"It is not necessary that there should be actual danger, as a person has the right to defend his life and person from apparent danger as fully and to the same extent as he would have were the danger real, as it reasonably appeared to him from his standpoint at the time."

"In fact, Sec 9.31(a) [of the Penal Code] expressly provides that a person is justified in using deadly force against another when and to the degree he reasonably believes the force is immediately necessary."


TOPICS: Crime/Corruption; Culture/Society; Government; Miscellaneous; News/Current Events
KEYWORDS: bang; gunlaw; looters; rita; texas
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To: blogblogginaway

I doubt we'll see much "looting" in Texas

Here's why:

The Rangers won't put up with any of that s**t.

41 posted on 09/22/2005 5:30:22 PM PDT by reg45
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To: HoustonCurmudgeon
I stuck a 6'6" Masai spear in the front flower bed with a sign that says "Looters Welcome"

If you don't have a spear handy, how about a rifle target with six holes in the x-ring.

42 posted on 09/22/2005 5:33:56 PM PDT by reg45
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To: El Gato
Better to kill or at least severely wound him in defense, it will make the police's job of bringing him to justice so much easier, especially if he's dead.

Actually, JUSTICE WILL HAVE BEEN SERVED if the "kill" portion has been accomplished.

My wife had never fired any type of gun until we were married. I taught her how to shoot a pistol. She has a Beretta Tomcat .32, with hollow points loaded. She asked when shooting one day, "how do I learn to shoot to hit them in the arm or leg, to wound them, to stop them?" I told her she would never be that good, heck I am not THAT good that I can have the time, wits, etc. to shoot an attacking person in the arm or leg. I told her all the liberals scream why didn't you just wound him. I told her they have never been in that situation, with an attacker coming, that you could just calmly stand there and take one shot and hit them in the arm, like in the movies, and stop the attacker. I told her, YOU AIM FOR CENTER BODY MASS. No where else. Hit him there. Keep hitting him there till he drops.

43 posted on 09/23/2005 8:05:33 AM PDT by RetiredArmy (All democrats are ENEMIES of the Republic!)
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To: blogblogginaway
"I doubt we'll see much "looting" in Texas..."

Maybe after the ammunition runs out, which I estimate would be on or around September 30th, 2033.

44 posted on 09/23/2005 8:10:35 AM PDT by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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To: RetiredArmy
Actually, JUSTICE WILL HAVE BEEN SERVED if the "kill" portion has been accomplished.

The police will still have to do the paperwork. But compared to hunting down and trying such an animal, that's pretty easy. If you only stop and wound him, then they don't have to go looking, but still have do the paperwork and the trial.

But I agree.

45 posted on 09/24/2005 3:15:14 PM PDT by El Gato
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To: blogblogginaway
I doubt we'll see much "looting" in Texas

It's now the day after, although the storm is continuing in weakened form. So far we have seen very little looting. The only case I recall specifically was of a Loews "hardware and lumber" national chain store. Not of homes or small businesses. There were some folks arrested west of Galveston somewhere, Brazoria county I think. (The Loews was north of Houston), because the local law was doing it's job, and basically stopped the stealing before it really got started, unlike in NOLA, where they joined in.

The Galveston and later Houston, fire departments were on the job as well. They fought a rather spectacular wind driven fire on the Strand (refurbished Artsy & Touristy area) in Galveston just about the time the winds there reached hurricane force, maybe just a little less than that. The Houston FD assistance was delayed while a supervisor drove accross the bridge to see if it was safe for the high profile fire trucks and ambulances to cross. It was, just barely, but it still took big brass ones to do it.

Watching the coverage, it seemed the southwest Texas LEOs were all proud to be protecting and serving the people, rather than (just) enforcing the law, and there is a difference. I was proud as hell of them all!

46 posted on 09/24/2005 3:24:53 PM PDT by El Gato
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To: El Gato

If you wound him, our tax dollars also have to go to up keep of him in a medical facility, plus then he will sue for getting shot in the first place. Some leftist judge will award him millions. ACLU commies will back him.


47 posted on 09/26/2005 8:07:03 AM PDT by RetiredArmy (All democrats are ENEMIES of the Republic!)
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