Can You Shoot to Protect Property in TEXAS

[gwashorn]

The question I see as the guiding point is if they are stealing my $500 TV set I will try to stop them. I will yell, threaten, call the sheriff and do all I can to stop them. Question is are they willing to do me harm to prevent me from stopping them? If they are willing to use deadly force against me to take it, then I am willing to protect myself from them. At what point do you say "well then just take it!" Do you just stand there and wave at them? Do you throw rocks at them? At what point do you stand up for what is yours? I won't just shoot them as they take it. But I will try to stop them. It is up to them to do as I wish or stop me. At that point I have to assume they are willing to use deadly force to stop me. You have to know where the line is.

[Keith B]

The question I see as the guiding point is if they are stealing my $500 TV set I will try to stop them. I will yell, threaten, call the sheriff and do all I can to stop them. Question is are they willing to do me harm to prevent me from stopping them? If they are willing to use deadly force against me to take it, then I am willing to protect myself from them. At what point do you say "well then just take it!" Do you just stand there and wave at them? Do you throw rocks at them? At what point do you stand up for what is yours? I won't just shoot them as they take it. But I will try to stop them. It is up to them to do as I wish or stop me. At that point I have to assume they are willing to use deadly force to stop me. You have to know where the line is.

I won't stop them from taking my 36" set. it is old and that will give me an excuse with the wife to buy a 55" LED 3D flat screen!!

[johnson0317]

OK folks, there are some personal attacks in here. Keep the dicussion civil or the thread will be locked.

Stephen,

I am sorry I called you a "Waffle Head". I am not even sure what it means. I was just feeling surreal after reading your post.

RJ

[gwashorn]

The question I see as the guiding point is if they are stealing my $500 TV set I will try to stop them. I will yell, threaten, call the sheriff and do all I can to stop them. Question is are they willing to do me harm to prevent me from stopping them? If they are willing to use deadly force against me to take it, then I am willing to protect myself from them. At what point do you say "well then just take it!" Do you just stand there and wave at them? Do you throw rocks at them? At what point do you stand up for what is yours? I won't just shoot them as they take it. But I will try to stop them. It is up to them to do as I wish or stop me. At that point I have to assume they are willing to use deadly force to stop me. You have to know where the line is.

I won't stop them from taking my 36" set. it is old and that will give me an excuse with the wife to buy a 55" LED 3D flat screen!!

Oh I would try that too if I can get away with it.

[sugar land dave]

I wanted to point out that there have been no additional postings by the OP of this thread. I think the Brady Bunch may have been visiting the forum making random postings which they feel will stir controversy. Perhaps this is not so, but I am considering the possibility that trolls do exist on this forum.

[jocat54]

Well, I will shoot someone who has broken into my home, don't care if he takes anything or not, as it's been said if they are stupid enough to break in they are stupid enough to do harm.

Right now though we are in need of a new television, so I might help carry it out

If you try to take my property that we have worked hard for all of our lives, I'm not going to stand by and watch, it will be a bad time for all involved, but when it's all over I will sleep well.

[Skiprr]

I wanted to point out that there have been no additional postings by the OP of this thread. I think the Brady Bunch may have been visiting the forum making random postings which they feel will stir controversy. Perhaps this is not so, but I am considering the possibility that trolls do exist on this forum.

It can certainly happen, but the OP in this case is a real guy, is really a concealed-carry instructor in Louisiana, and is a respected businessman/engineer in LA. I'm sure the original question was sincere, and that he simply hasn't visited the Forum again since he posted it.

[steveincowtown]

Well, I will shoot someone who has broken into my home, don't care if he takes anything or not, as it's been said if they are stupid enough to break in they are stupid enough to do harm.

Right now though we are in need of a new television, so I might help carry it out

If you try to take my property that we have worked hard for all of our lives, I'm not going to stand by and watch, it will be a bad time for all involved, but when it's all over I will sleep well.

I will never claim to know the value of a human life, I don't assign that. The guy who breaks into my house has already decided what his life is worth...and it might just be the cost of a bullet.

[kjolly]

A long time ago in a gemtler age while living in a home out in the country I never locked the doors. Ex wife had already taken everything of value and the cost to repair the damage to a door or window would have been more than anything I owned.
Same for here and now though I do lock up and have a alarm now. The cost of replacing a material possession is not worth a life. That is what insurance is for. If we are home and they make the mistake of breaking in they are forfeiting their health or life or mine but they will be met with extreme hostility.

[Tamie]

If a thief be found breaking up, and be smitten that he die, there shall be no blood shed for him. No tears either.

[speedsix]

...there it is...civilization's just catching up to what He told them way back then...

[Humanphibian]

this is the part that always raised my brow :

§ 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.


so....basically, if someone was toilet papering your home........????????

[apostate]

Same for throwing bricks through windows at 2am.

[40khammer]

TPing a house wouldn't be considered Criminal Mischief in Texas I don't think. It doesn't actually cause damage to property.

Egging a house, on the other hand, can ruin the paint... :p

[apostate]

TPing a house wouldn't be considered Criminal Mischief in Texas I don't think. It doesn't actually cause damage to property.

"he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person"