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To: cbkaty

My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.

Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.

But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.


24 posted on 01/04/2005 3:35:46 AM PST by HMFIC (US Marines, you yell, we shell.)
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To: HMFIC
Let's look at the Texas Deadly Force stautes: ="http://www.txdps.state.tx.us/administration/crime_records/chl/tchlaws0102.pdf"

Just search for PC 9.42.....or search for Protection of Property.

Quote:

A person is justified in using deadly force against another to protect land or tangible property, moveable property: (2) when and to the degree he reasonably believes the deadly force in immediately necessary: (A) to prevent the other's immenent commission of arson, burgulary, robbery, aggravated robery, "theft during the nighttime:, or "criminal mischief during the nighttime" (B) or to prevent the other from fleeing immediately after the committing arson, burgulary, robbery, aggravated robery, "theft during the nighttime" from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

I will also add that if one needs this defense, one needs an attorney...quick!

I do not advocate the use of deadly force to stop someone from stealing my TV...but if he threatens my family or me....it's go time.....

27 posted on 01/04/2005 4:01:42 AM PST by cbkaty
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To: HMFIC
Well, this may be anecdotal, but.... In Arlington about 3-4 years ago a man living in an apartment lost his hubcaps to kids. He bought new and an alarm which rang in his apartment. Sure enough, the kids came back, took the hubcaps and set off his alarm. He came down chased their car and killed two or three when they stopped. Hubcaps in the car. No-billed.

In TEXAS, after dark, deadly force can be used to protect PROPERTY. Sorry, it just is.

34 posted on 01/04/2005 4:27:51 AM PST by cb
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To: HMFIC

If u don't mind?I'm inclined to agree w/ your opinion. My law instructor stated in Fl you can only use deadly force(ie gun) when confronted by deadly force (gun,knife,etc).You must also be in imminent fear for your life.A private citizen shooting a fleeing perp is dicey at best. You think that's bad? Even if shooting is justified, perp(or survivors)can take the case to civil court.


103 posted on 01/04/2005 7:57:40 AM PST by thombo
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To: HMFIC
My point is, that if someone is walking out of your house carrying your TV...

No one is going to walk out of my house carrying a TV while I just sit and watch. What kind of obsurd example is this. Maybe I am missing something here but these seems like a real exception to the times someone might have to use force to stop a robbery.

We should be focusing on the other 99% of situations where someone entering your property is perceived as a threat and how you deal with that. Sorry, if I have missed the point here.

144 posted on 01/04/2005 9:48:02 AM PST by BJungNan (Did you call your congressmen to tell them to stop funding the ACLU? 202 224 3121)
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To: HMFIC
My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state.

If it's night, that's "Theft during the nighttime. If not, you are stopping a crime in progress.

I don't think I'd shoot in such a situation, but the law does allow me to here in Texas. It's right in our CHL handbook. :)

202 posted on 01/05/2005 4:47:57 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: HMFIC

---My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.

Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.

But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.
---

Colorado allows the use of deadly force to protect property. It was called the Make My Day Law and passed to howls of liberal protest several years ago.


209 posted on 01/06/2005 5:46:30 AM PST by frgoff
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