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To: LouAvul
No place in the US can you shoot someone for merely trespassing or attempted B&E.

Don't bet on it. Especially don't bet your life on it.

Texas Penal Code on Deadly Force for Protection of Property

Excerpt:

§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

...

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or 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.

27 posted on 10/23/2007 9:38:35 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Give me a Presidential candidate that would push that kinda castle doctrine in fedaeral law...


42 posted on 10/24/2007 7:51:45 AM PDT by Gilbo_3 (A few Rams must look after the sheep 'til the Good Shepherd returns...)
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