Return to “Homeowner Shoots Burglar Who Returns For Second Try”
Me too!! Unfortunately, the law does not care about to what I take offense. Putting your family in danger is another story. If that is the case, then you are using deadly force to protect lives, not property.Russell wrote:Perhaps it would be, but I tend to take offense at somebody that has the gall to come break into my home, take my hard earned posessions away from me, and put my family and I in danger.
They do in the eyes of the law.Criminals have no rights in my eyes
Well, he was wrong. You can see from the law you quoted that is not the case.Russell wrote:I was going by what the instructor told me as far as reading into the law.
His quote, and I swear, was "By Texas law, even if somebody is outside messing with your garden hose, you can stick your hand out the window and blow them away. I'm not saying you should, but you can."
How about drawing down on the person and telling them to stop? Isn't that a better option forAlso as far as somebody breaking into my house, it is quite obvious I am not going to "blow anybody away" until I can determine that they aren't somebody I know ;)
. Then you act based on his response?if someone is crawling through my window
I wonder what he means by that?Paladin wrote: Note:
State Senator Jeff Wentworth wants to change the law to allow deadly force against anyone breaking into your home, car or business.
That is true.Currently, you cannot use more force than necessary to defend yourself. "
No, it does not!Russell wrote: Currently the law is already you can shoot first and ask questions later anybody that is on your property without your permission at night time. I think that is sufficient.
Again, only when you reasonably believe it is immediately necessary to prevent the imminent commission of burglary.PC §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.
Also, you may already use immediate deadly force if someone is breaking into your house. I don't understand what he means by saying you can't use deadly force against someone breaking into your home:
PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if he would be justified in using force against the other under
Section 9.31;
(2) if a reasonable person in the actor's situation would not have
retreated; and
(3) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to protect himself against the other's use or attempted use
of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault,
robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not apply
to an actor who uses force against a person who is at the time of the
use of force committing an offense of unlawful entry in the habitation of
the actor
That's a dangerous, for you, predetermination to make.I suppose you could take away the "when and to the degree he reasonably believes the deadly force is immediately necessary," however if someone is crawling through my window or knocking down my door, it darn well is immediately necessary to give them a couple of rounds in the chest!
