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Old 03-01-2007, 10:51 AM   #21
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Penal Code - http://caselaw.lp.findlaw.com/txcodes/pe000900.html



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.


Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994.
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Old 03-01-2007, 11:06 AM   #22
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you kidding me!? that's what makes Texas so great, you can plea self defense. J/K and if he was try'n to break in, maybe not death, but he at least deserves a battle wound to make him think about it the next time. And how are they going to know that you tried to flee the house??? There's not a snow flakes chance in that law will get passed.
Never shoot to wound an intruder, shoot to stop a threat. Otherwise you will find yourself in civil court paying some medical bills.
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Old 03-01-2007, 11:09 AM   #23
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Originally Posted by chasee69
just make sure if you shoot, you shoot to kill. that way theres nobody around to testify against you
Never shoot to kill. Shoot to stop a threat.
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Old 03-01-2007, 11:09 AM   #24
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Originally Posted by witchdoctor575
Head shot
Center Mass
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Old 03-01-2007, 11:25 AM   #25
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I'll have to remember this.

Quote:
Originally Posted by Ulric
Penal Code - http://caselaw.lp.findlaw.com/txcodes/pe000900.html



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.


Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994.
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Old 03-01-2007, 11:26 AM   #26
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Quote:
Originally Posted by Moody
Center Mass
double tap to center mass...
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Old 03-01-2007, 11:50 AM   #27
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, you can kill someone for being mischievous during the night time? harsh...maybe they should make these kinds of laws better known.
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Old 03-01-2007, 01:07 PM   #28
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maybe if i was single i could respect this "flee" law nonsense simply to adhere to being a just citizen but since im a father & husband...just please do yourself a favor and dont come in my home unwanted.
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Old 03-01-2007, 01:15 PM   #29
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maybe if i was single i could respect this "flee" law nonsense simply to adhere to being a just citizen but since im a father & husband...just please do yourself a favor and dont come in my home unwanted.
THAT is the law...period! FTW!!!!!
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Old 03-01-2007, 01:24 PM   #30
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there was a thing on the news the other day where that attorney on channel 11, Harold Trece (I think), was saying that you cannot shoot someone for trying to steal your car.....didn't hear all the details though.
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Old 03-01-2007, 01:49 PM   #31
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Originally Posted by AliceInChains02
, you can kill someone for being mischievous during the night time? harsh...maybe they should make these kinds of laws better known.
Yes, people need to educate themselves. If you our on someones property after dark then you are would be in the wrong.
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Old 03-01-2007, 01:52 PM   #32
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there was a thing on the news the other day where that attorney on channel 11, Harold Trece (I think), was saying that you cannot shoot someone for trying to steal your car.....didn't hear all the details though.
Gun law is primarily judged by precedence in court. So, if your vehicle is insured then you should probably not use deadly force to secure it but, if it is a vehicle you use to make a living, can not be replaced or you had property in the car that could not be replaced then you would probably be justified.
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Old 03-01-2007, 03:21 PM   #33
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", you can kill someone for being mischievous during the night time? harsh...maybe they should make these kinds of laws better known."

What you have to remember is that is, if I recall the phrasing correctly... "It is a DEFENSE AGAINST PROSECUTION".

Meaning, they can still TRY to nail your backside to a wall for shooting someone if they want to. Gonna depends on the DA and/or Grandy Jury to decide wether they want to press charges etc.
Nor does it provide any real protection from a Civil Case.. ie: Someone trying to sue you
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Old 03-01-2007, 03:34 PM   #34
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Quote:
Originally Posted by AliceInChains02
, you can kill someone for being mischievous during the night time? harsh...maybe they should make these kinds of laws better known.
being "mischievious" during the night is like egging or teepeeing a house...you dont break into someone's home during the night for kicks. you're in there because you want whats inside. i always hated it when my friends did like this, and when one of them almost got shot he wanted to file suit against the homeowner. he would complain to me about his legal issues and i was like "what the **** did you think was going to happen if you invaded someone's residence?! It's like going into the neighbor's yard when you know they have a mean dog, you're going to get bit if you mess with people and their home..you just don't do it, damnit!". I wasnt exactly the most innocent kid myself, but i knew better than to invade someone's home.
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Old 03-02-2007, 01:28 AM   #35
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ya if it night time and someone enters my place i aint fleeing, i shooting if it comes down to it.
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Old 03-02-2007, 11:37 AM   #36
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Old 03-02-2007, 11:51 AM   #37
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Quote:
Originally Posted by witchdoctor575
Head shot
Statistically, you shouldnt aim for the head. More likely to miss.
Front sight-center mass.
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Old 03-02-2007, 12:22 PM   #38
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Quote:
Originally Posted by less_than_coop
Statistically, you shouldnt aim for the head. More likely to miss.
Front sight-center mass.
noted
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Old 03-02-2007, 06:15 PM   #39
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Quote:
Originally Posted by AliceInChains02
, you can kill someone for being mischievous during the night time? harsh...maybe they should make these kinds of laws better known.
Na, let em find out the hard way. 1 by 1 less shitbag in the world should send the right message.
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