Search found 3 matches

by KD5NRH
Thu Apr 16, 2009 4:13 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would it be legal to shoot this guy in the back?
Replies: 21
Views: 2856

Re: Would it be legal to shoot this guy in the back?

blackdog8200 wrote:The bank has insurance for the cash!
Meaning that, ultimately, part of it will be coming from your pockets.
by KD5NRH
Sat Apr 04, 2009 5:45 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would it be legal to shoot this guy in the back?
Replies: 21
Views: 2856

Re: Would it be legal to shoot this guy in the back?

nitrogen wrote:How about we stop being so eager to shoot people? It looks bad.
How about people stop being so eager to do things that get them shot?
by KD5NRH
Sat Apr 04, 2009 3:31 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Would it be legal to shoot this guy in the back?
Replies: 21
Views: 2856

Re: Would it be legal to shoot this guy in the back?

surprise_i'm_armed wrote:After perusing the law quoted in a post above it seems that a CHL customer of the bank
would not be justified in shooting this perp since:
1. The robbery happened in the daytime, not the nighttime. We have more leeway if it's night.
Day vs night is only relevant to theft. Burglary, robbery, and aggravated robbery are all justifications for force at anytime.

Look closely at the wording of 9.42(2)(B) and compare it with the wording of (A). "During the nighttime" clearly modifies only theft and criminal mischief (hence the need to restate it after each of those items) in (A), and the similarity of (B) indicates that it only modifies theft there.
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(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;

Return to “Would it be legal to shoot this guy in the back?”