Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: FreedomCalls

I think you’re incorrect about being legally able to use deadly force to protect another’s property. The law you quoted requires that 9.41 be satisfied first, and 9.41 specifically states that you must either be in lawful possession of the property or you’ve just been unlawfully dispossessed of it. Either way, the biggest legal problem is going to be the fact that you’re only justified in using necessary force, and he’s on tape saying he’s going to go shoot first and ask questions later, and the guys were unarmed.


25 posted on 11/16/2007 5:10:57 AM PST by Syllojism
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Syllojism
I think you’re incorrect about being legally able to use deadly force to protect another’s property. The law you quoted requires that 9.41 be satisfied first, and 9.41 specifically states that you must either be in lawful possession of the property or you’ve just been unlawfully dispossessed of it.

You don't think the neighbor was in lawful possession of the property in his house?

Either way, the biggest legal problem is going to be the fact that you’re only justified in using necessary force, and he’s on tape saying he’s going to go shoot first and ask questions later, and the guys were unarmed.

The statute allows deadly force "to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property."

37 posted on 11/16/2007 10:53:04 AM PST by FreedomCalls (Texas: "We close at five.")
[ Post Reply | Private Reply | To 25 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson