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Double fatal shooting in San Marcos may fall under Castle Doctrine
KVUE News ^ | Friday, September 4, 2009 | NOELLE NEWTON

Posted on 09/05/2009 9:24:04 AM PDT by lqcincinnatus

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AUSTIN – Gov. Rick Perry signed into law Tuesday a bill that gives Texans a stronger legal right to defend themselves with deadly force in their homes, cars and workplaces.

Both chambers of the Legislature overwhelmingly approved the measure earlier this month. The bill, backed by the National Rifle Association, states that a person has no duty to retreat from an intruder before using deadly force.

"The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but it is intuitive to human nature. You ought to be able to protect yourself," Perry said, surrounded by lawmakers who pushed for the law.

This is the first bill-signing this legislative session by the Republican governor. The law takes effect Sept. 1.

"This is reasonable legislation," Perry said.

The building or vehicle must be occupied at the time for the deadly force provision to apply, and the person using force cannot provoke the attacker or be involved in criminal activity at the time.

Some refer to the measure as the "castle doctrine," drawing from the idea that a man's home is his castle and that he should have the right to defend it.

Fifteen other states have passed similar laws. Texas is the first state to pass such a law this year, said Rep. Joe Driver, a Garland Republican who sponsored the measure.

Sen. Jeff Wentworth, a San Antonio Republican who pressed the issue in his chamber, said the law changes previous Texas law that in some cases requires a person to retreat from an intruder.

The new law will also provide civil immunity for a person who lawfully uses deadly force in any of the circumstances spelled out in the bill. Police and prosecutors can still press charges if they feel deadly force was illegally used, legislative sponsors said.

1 posted on 09/05/2009 9:24:05 AM PDT by lqcincinnatus
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To: lqcincinnatus

I think the intruders knew that their chances of finding the guy armed, was why they wanted to be armed. I guess that will cause others who think of doing the same, to give it a good second thought.


2 posted on 09/05/2009 9:27:37 AM PDT by rovenstinez
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To: lqcincinnatus
"I'm sure it was in self-defense, but I'm very against that because they took two lives and who knows if this kid in the hospital is going to survive,” student Alejandro Salazar said.

Mr. Salazar is a very confused young man. These armed home invaders were deadly. If they didn't actually kill anybody at this house, they'd have killed in one of their subsequent invasions. Killing them saved lives, and more importantly, saved lives that were worth saving.

3 posted on 09/05/2009 9:27:45 AM PDT by GovernmentShrinker (Vote for a short Freepathon! Donate now if you possibly can!)
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To: lqcincinnatus
What insanely stupid twit came up with this "you must retreat from your home if possible" law?

Good on Texans for having the gumption to kick that silly twit notion to the curb.

4 posted on 09/05/2009 9:28:04 AM PDT by MNJohnnie (Carbon offsets? Sounds like the Environmental Church wants us to buy climate indulgences.)
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To: lqcincinnatus

I can’t believe there’s debate over this.

- Excuse me, Mr. Robber, could you please show me your ID card?
- Uh, sure, here.
- Oh bother, you’re only 17, if you would, please, exit the house.
- Haha, yeah. *bang*

If someone breaks into your house, in Texas, you shoot them.

Period.


5 posted on 09/05/2009 9:28:56 AM PDT by TheZMan ("I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.")
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To: lqcincinnatus

this one is a no brainer....these kids were in the home and armed.

it’s hard to tell a pellet pistol at night and if you pump them up to the max has ballistics closer to a .22short than a .22CB


6 posted on 09/05/2009 9:31:06 AM PDT by wardaddy
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To: lqcincinnatus
It's fairly new on the law books and not everyone agrees with it

Gee, NOELLE, how good of you to provide your "Captain Obvious" personal commentary! Just what are you trying to say? Went to journalism school out of state, did you?

HF

7 posted on 09/05/2009 9:31:09 AM PDT by holden
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To: lqcincinnatus
"I'm sure it was in self-defense, but I'm very against that because they took two lives and who knows if this kid in the hospital is going to survive,” student Alejandro Salazar said.

Mr Salazar you should ask for your money back. All that education and you are still stupid.

8 posted on 09/05/2009 9:31:54 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: lqcincinnatus
"I'm sure it was in self-defense, but I'm very against that because they took two lives and who knows if this kid in the hospital is going to survive,” student Alejandro Salazar said.

So he would rather the bad guys killed innocent people. I wonder if he's also against cops shooting bad guys if they're trying to kill them. What an idiot.

9 posted on 09/05/2009 9:32:12 AM PDT by SirAllen (Atheist: someone who believes that nothing made everything)
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To: lqcincinnatus
The law takes effect Sept. 1.

Just in time I see.

10 posted on 09/05/2009 9:33:33 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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Comment #11 Removed by Moderator

To: MNJohnnie
What insanely stupid twit came up with this "you must retreat from your home if possible" law?

I've never heard of that one. I know some states say you have to retreat within your home. The idea being that you only shoot when the perp comes after you. That's not much better but I can't imagine a law saying you have to flee your own home.

12 posted on 09/05/2009 9:35:23 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: lqcincinnatus
There were three people inside; a college student, and two men, one of which was armed.

Grammar police on duty:

One of WHICH? One of WHICH?

Don't they teach grammar in J School? Unless the armed resident was a Pod Person, the reporter should have written, 'one of whom'.

13 posted on 09/05/2009 9:35:49 AM PDT by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
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To: lqcincinnatus

It is a crying shame health care resources are being wasted on Home Invader #3.


14 posted on 09/05/2009 9:36:00 AM PDT by Mark was here (The earth is bipolar.)
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To: MNJohnnie

Well, before this passed, the law had a reasonable-man test - if a reasonable man would have retreated, then you must do so.

Of course, since this was Texas, no reasonable man here retreats from their home, so it really didn’t matter. This just eliminates a potential future loophole for possible liberal DAs to use against people.


15 posted on 09/05/2009 9:36:11 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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Comment #16 Removed by Moderator

To: wolf24

The nice thing is that the living perp can now be tried for the murder of his buddies under the felony-murder law.


17 posted on 09/05/2009 9:37:52 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: lqcincinnatus
It's fairly new on the law books and not everyone agrees with it.

Opponents to this law include baby-mamas whose child support is funded by criminal activities and the thugs' mamas who know damn well their boys are doing home invasions and turn a blind eye to it because that's how they got the HDTV in their living room.

Everyone else pretty much supports the law.

18 posted on 09/05/2009 9:38:50 AM PDT by Drew68
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To: savedbygrace

Tony Kornheiser has said on occasion that journalists should stop majoring in communications and go back to majoring in English.


19 posted on 09/05/2009 9:39:59 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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Comment #20 Removed by Moderator


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