TexasCHLforum.com

WildBill

mojo84 wrote:Because I wasn't the one concerned about the beating of a dead horse and was fine just letting it die in the first place.

Is beating a dead horse animal cruelty?

Is it legal to shoot a dead horse?

WildBill

Stupid wrote:Thank you for all the good advices. I fully understand and agree. I was not asking what you would do it should have done in this situation. I know the answers already.

This is just a hypothetical situation. So would you convict the homeowner had he shot the construction workers over perceived demolition? Given the Texas law allowing using lethal force.

From what you described, the house was, in fact, sold to another person.

Even though he may have occupied the house it was no longer his property.

Even though the previous owner may not have liked the compensation it was sold so he is no longer the homeowner.

In fact, he would be trespassing if he stayed on the property.

Therefore, he had no claim to the property so he had no right to defend it with deadly force.

That is my take on it.

WildBill

ScottDLS wrote:Come on people! It's a hypothetical, a thought experiment. Of course the OP gets to give his hypothetical parameters... and then we get to debate them or point out inconsistencies in the hypothetical. To me it is interesting and helps me think about the law and how it may apply to more realistic situations. Not so I can push the limits, but so I can understand them and the gray areas.

Isn't it still in Texas law that you can use deadly force at night against criminal mischief? That doesn't mean we're all itching to do it, it means we're discussing the parameters under which the law operates.

If somebody is hypothetically knocking my house down around me, I'm hypothetically going to drill them with my NFA registered machinegun. So what?

Fifty four posts - I would think that this would qualify as a successful thought experiment.

Both sides got to state their opinions and reservations about "pushing the limits" of legality and common sense.

In this particular hypothetical situation, I don't think there are many gray areas.

A construction company with a legal contract to knock down a house is not the same as some guy trying to vandalize your house at night.

WildBill

Oldgringo wrote:
The Annoyed Man wrote:
Excaliber wrote:Folks who approach deadly force issues from the "Can I shoot 'im" school of thought should sit down, take a deep breath, and really think that through.
This.
Exactly!

Shooting someone, even if they need to be shot, is gonna' bring on a whole lot of time consuming conversation and expense.

I am glad that Excaliber posted his short statement as I had the same thought.

Just because this is a CHL forum doesn't mean that using a firearm is a solution to every problem.

WildBill

Stupid wrote:Hypothetically, a construction company wants me to move out so that they can tear down my house and make way for new building. I am in dispute with their compensation offer. Somehow, one day they show up at my house and just start to tear it down. I rush back trying to stop them becaus I believe that is unlawful.

So is deadly force justified at this point?

Texas Penal Code 9.31 (1) (B) says

"(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;"

http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm" onclick="window.open(this.href);return false;

Hypothetically, I would hire an attorney.

TexasCHLforum.com

Search found 5 matches

Re: Is deadly forced justified when construction company try

Re: Is deadly forced justified when construction company try

Re: Is deadly forced justified when construction company try

Re: Is deadly forced justified when construction company try

Re: Is deadly forced justified when construction company try