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by RoyGBiv
Wed Feb 22, 2012 3:49 pm
Forum: The Crime Blotter
Topic: NH man arrested for firing gun to catch burglar
Replies: 18
Views: 1880

Re: NH man arrested for firing gun to catch burglar

sugar land dave wrote:Quite a different outcome from the man who did the same in the west university area of houston.
Not all states recognize an individuals right to use deadly force to protect property. :txflag:
IMO, such force would not only would protect property, but also stop/reduce future crime (although not a justification in itself).
CHL-16 wrote: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.
by RoyGBiv
Tue Feb 21, 2012 3:24 pm
Forum: The Crime Blotter
Topic: NH man arrested for firing gun to catch burglar
Replies: 18
Views: 1880

Re: NH man arrested for firing gun to catch burglar

I'm gonna wager that the public outcry will be sufficient to see the charges dismissed.
The GG will pay in legal fees, but I'm betting the charges are dropped within the week.

:patriot:

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