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by seamusTX
Wed Oct 31, 2007 9:38 am
Forum: General Texas CHL Discussion
Topic: (Another) Castle Doctrine Question
Replies: 24
Views: 3829

I don't how much thread drift is tolerated before the moderators step in.

No one ever said you should shoot the Avon lady or trick-or-treaters. My reference to banging (forceful pounding) on the door was meant as something that would cause you to go into condition orange just short of red.

Can I rephrase my original response? When you are at home, you know who belongs there and who doesn't. You also control the premises. Neither of those conditions is true when you are in someone else's house. Maybe their eccentric uncle likes to enter the house through windows, and they tolerate it.

- Jim
by seamusTX
Tue Oct 30, 2007 6:45 pm
Forum: General Texas CHL Discussion
Topic: (Another) Castle Doctrine Question
Replies: 24
Views: 3829

Re: (Another) Castle Doctrine Question

txinvestigator wrote:A person banging on my door is committing a crime?
§ 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
Some finite number of bangs is going to bring the door down. It might be one or a million, depending upon the strength of the door and the banger, but each bang constitutes measureable damage.

Furthermore, banging on a door is often a prelude to outright burglary.

What action or reaction do you suggest when someone is banging on a door?

The definition of bang here is a resounding blow, not a polite knock like the Avon lady might use.

- Jim
by seamusTX
Tue Oct 30, 2007 5:23 pm
Forum: General Texas CHL Discussion
Topic: (Another) Castle Doctrine Question
Replies: 24
Views: 3829

Re: (Another) Castle Doctrine Question

alphonso wrote:Example, staying with my in laws in Dallas...If I'm in THEIR house do I have the same rules governing as if it was my house?
Yes.

Here's the catch: If you are in your home, and someone is banging on the door, you know that person doesn't belong there and is attempting to commit a crime.

In another person's home, you don't know what kind of shady stuff they might have going on. I'm not saying your in-laws would be involved in something like that, but in general.

- Jim

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