Or, with the same though phrased another way:gigag04 wrote:I'm going to go ahead and say you won't be found justified in using deadly force to shoot at someone stealing something from your car and running....during daylight hours.RoyGBiv wrote:Are you suggesting that "Burglary of a Vehicle" doesn't meet the definition of "Burglary" in PC 9.42.??MasterOfNone wrote:"Burglary of a vehicle" and "Burglary" are NOT the same crime. Nor is one a subset of the other. Burglary is a crime under section 30.02, which does not include 30.04 (Burglary of a vehicle). They are commonly confused because "Burglary of a vehicle" sounds like a specific kind of "Burglary."
I would certainly disagree.... "Burglary of a vehicle" is, IN MY OPINION, "Burglary"... But.. I am not a lawyer, just a guy that sleeps at HI Express occasionally.
Any TX legal eagles care to clarify
Is "Burglary of a vehicle" (PC 30.04) included in the definition of "Burglary" in PC 9.42?
Noting that "Burglary" as defined by PC 30.01 is that of a "habitation or building".
IMO, 9.42 refers to any kind of Burglary and Section 30 provides definitions of several kinds of Burglaries that would ALL provide sufficient justification under 9.42.
Just my opinion. IANAL.
At nighttime, if in the act, and not fleeing.....then MAYBE...
But those bullets would cost you more than anything most of us keep in our cars, including our cars themselves. I have always questioned the useage of CAN I shoot someone doing XYZ...
I think if we really want to be responsible in our use of DF, then the question is better framed "do I absolutely have to shoot this person doing XYZ"
(all my opinion)
Is there no other way to protect an innocent person from immediate serious injury or death?
Starting the thought process with "Can I shoot him?" will get you in trouble more times than not.
The reason is that, in the second instance, the thinking starts with trying to rationalize shooting as a solution without looking for other ways out of the situation, while in the first instance the thought process is to look for all other solutions first and leave shooting in the position of absolute last resort.
If you're not looking for other solutions, you're highly unlikely to recognize them.
You can bet that those who examine your actions after the fact will be much more creative.