Catch someone breaking into car

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lrpettit
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Re: Catch someone breaking into car

#16

Post by lrpettit »

bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
This would more likely be my scenario (not the left-handed Gibson Flying V though). I'm pretty sure I would draw and be ready to use deadly force (if necessary) to stop the burglary if they were attempting to steal my "tools". I'd sure hope the guy would either run away empty handed or get on the ground so I didn't have to shoot. Taking a picture and dialing 911 would come first if time permitted.
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lrpettit
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Re: Catch someone breaking into car

#17

Post by lrpettit »

CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
In my case, insurance wouldn't cover the weeks of effort it would take to recover the loss and the resultant effect on my business if they steal my "tools". I would defend my property.
Opinions are my own, commonly worthless, and should not be relied upon. I am not a lawyer.
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CainA
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Re: Catch someone breaking into car

#18

Post by CainA »

lrpettit wrote:
CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
In my case, insurance wouldn't cover the weeks of effort it would take to recover the loss and the resultant effect on my business if they steal my "tools". I would defend my property.
Okay, good luck to you if you ever encounter this scenario.

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Re: Catch someone breaking into car

#19

Post by lrpettit »

CainA wrote:
lrpettit wrote:
CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
In my case, insurance wouldn't cover the weeks of effort it would take to recover the loss and the resultant effect on my business if they steal my "tools". I would defend my property.
Okay, good luck to you if you ever encounter this scenario.
Just curious, would you also just rely on insurance if they were burglarizing your house? Would you go out the back door and let them take whatever they wanted if they left before the police arrived? It's a serious question. I might depending on the circumstances. I hope I never know the answer. Some people say they wouldn't use their weapon to defend property under any circumstances. I believe I would in some circumstances and accept the legal hassle that goes with it. I don't know that either position is "right".
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bdickens
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Re: Catch someone breaking into car

#20

Post by bdickens »

CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
Insurance. Why not just chuck the guy the keys to your house, too?
Byron Dickens

chane
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Re: Catch someone breaking into car

#21

Post by chane »

I remember something like this being on the local news:
Big Spring Man Shoots Burglar For Stealing Wire 11/7/11

CBS 7 News Staff
November 7, 2011

Big Spring, TX - Police say a Big Spring man shot a burglar early Monday morning for stealing wire from his work truck.

It happened around 5:20 Monday morning in the 1300 block of Park in Big Spring.
Police say a man, who lives in the home, came outside to find 35 year-old Christopher Myrick stealing wire out of his truck.

That's when police say the homeowner fired several shots at Myrick.

Police say this is not the first time the homeowner has reported someone robbing his truck for wire.

Myrick went to the hospital on his own with gunshot wounds to the chest.
He was airlifted to Lubbock and is in serious condition.

Police say the investigation continues and no charges have been filed against the homeowner.

The case will be handed over to the District Attorney to consider.

http://www.cbs7.com/news/details.asp?ID=30179
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Re: Catch someone breaking into car

#22

Post by E.Marquez »

The part of that statute that gets me every time is "(A) the land or property cannot be protected or recovered by any
other means
; or"

As everything I own is covered by one insurance policy or another. All of my property is both "protected" and "recoverable" though my replacement value policies.

And that is in addition to the practicality issue brought up.. the legal issues, cost and stress of defending ones actions for shooting some lowlife stealing a car stereo, tools from my garage or a bike from my trailer.
Willing and capable are two different things.. I am capable, Im not willing
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lrpettit
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Re: Catch someone breaking into car

#23

Post by lrpettit »

E.Marquez wrote:The part of that statute that gets me every time is "(A) the land or property cannot be protected or recovered by any
other means
; or"

As everything I own is covered by one insurance policy or another. All of my property is both "protected" and "recoverable" though my replacement value policies.

And that is in addition to the practicality issue brought up.. the legal issues, cost and stress of defending ones actions for shooting some lowlife stealing a car stereo, tools from my garage or a bike from my trailer.
Willing and capable are two different things.. I am capable, Im not willing
IANAL but I hope that "replaceable by insurance" does not mean the same thing as "recovered". The law doesn't say "replaceable by any other means". :headscratch
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jimlongley
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Re: Catch someone breaking into car

#24

Post by jimlongley »

A bunch of years ago, Christmas shopping, I was walking back to my pickup when I saw someone leaning against the passenger side of my truck. Initially I thought he was just attempting to hide that he was urinating, and then I realized he had a coathanger in the window and was trying to jimmy the door.

I did not think, just reacted.

I walked up behind him fairly silently and delivered a punishing round kick to his right kidney area while shouting that that was my vehicle. He fell to the ground, and I kicked him a couple more times, and was sure I heard bones break, and then he got up and ran away.

I never dropped any of my armload of packages.

Before cell phones.

I was so steamed that I got all the way home before I even thought of calling the police, which I did, and they said they would check ERs, but I never heard a word back.

If I had been carrying I would have had to put my packages down to do anything, and it was damp and snowy/slushy.
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CainA
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Re: Catch someone breaking into car

#25

Post by CainA »

lrpettit wrote:
CainA wrote:
lrpettit wrote:
CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
In my case, insurance wouldn't cover the weeks of effort it would take to recover the loss and the resultant effect on my business if they steal my "tools". I would defend my property.
Okay, good luck to you if you ever encounter this scenario.
Just curious, would you also just rely on insurance if they were burglarizing your house? Would you go out the back door and let them take whatever they wanted if they left before the police arrived? It's a serious question. I might depending on the circumstances. I hope I never know the answer. Some people say they wouldn't use their weapon to defend property under any circumstances. I believe I would in some circumstances and accept the legal hassle that goes with it. I don't know that either position is "right".
The house scenario is a completely different one. There are a lot of variables and the variables are pretty important. So maybe, maybe not.

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Re: Catch someone breaking into car

#26

Post by CainA »

bdickens wrote:
CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
Insurance. Why not just chuck the guy the keys to your house, too?
This is pretty silly.
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E.Marquez
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Re: Catch someone breaking into car

#27

Post by E.Marquez »

bdickens wrote:
CainA wrote:
bdickens wrote:
CainA wrote:I wouldn't shoot the perp even if justified. Material things aren't worth the legal headache.

Well now, how about if those material things are either a) your livelihood, like the tools with which you make your living and feed your family, or b) rare and extremely difficult to replace like your left-handed Gibson Flying V?
Insurance.
Insurance. Why not just chuck the guy the keys to your house, too?
Because we are not discussing a house burglary.. it was a discussion on a car being broken into, an unoccupied car.. a car with relatively cheap items that can easily be replaced.. But even if you throw in the red herring of a "left-handed Gibson Flying V".. It's still just a non essential item and coved by my insurance.. Replaceable in money at least, with no more than a phone call.
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RX8er
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Re: Catch someone breaking into car

#28

Post by RX8er »

I don't know what I would do. I know what I wanted to do after it happened to my wife: " onclick="window.open(this.href);return false; (not embedded for a reason)

In our case, we managed to get almost everything back. IANAL and I don't know how insurance really plays in to this and the law. IMO, I really don't think it matters.

Another thought, you don't know if my insurance would even cover the item(s) or discuss the deductible.

So, let's say that I have a radar detector in my car, which I do. It's a $350 model, or was when I bought it, and it is in the perps hands. My insurance deductible is $500. Insurance is not going to pay to get it back right? But if my detector is $525, then the law applies to me because I would get $25 back for it? Again, IMO, I don't think insurance is a matter of discussion. Got to love the "what if" questions.

There has been more than one news report of the person who shot a BG, even in the back while running away, and was not arrested or charged because they were protecting property.

I sure wish one of the attorneys of the group would make up a fake username and answer all these lawyer questions for us. :biggrinjester:
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Re: Catch someone breaking into car

#29

Post by Dirthawking »

In a nut shell it all boils down to what you think a human life is worth. Because that is what they are going to ask you when you end up in court. Is a human life worth the price to replace a radar detector? Or is it worth a lot more. Cause I bet when you end up in Civil court they are going to be suing you for a lot more than the price of a radar detector.

Now before I get jumped on, I do believe in protecting ones life and property. But if somebody you approached is running away, no reason to waste the bullet. You are no longer in immendant harms way.

Just my 2 cents. Take them for what they are worth. 2 cents...
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Re: Catch someone breaking into car

#30

Post by CainA »

I guess you have to weigh the value of what your potential loss would be vs. the value of how much of a headache(or not) the aftermath of the shooting would be. And the answer to that is going to be different for each individual.
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