Not so hypothetical question regarding right to defend...

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Caliber
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Re: Not so hypothetical question regarding right to defend...

#46

Post by Caliber »

Seems a bit odd that:

If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
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ScottDLS
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Re: Not so hypothetical question regarding right to defend...

#47

Post by ScottDLS »

Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good. :biggrinjester:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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ScottDLS
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Re: Not so hypothetical question regarding right to defend...

#48

Post by ScottDLS »

You can use deadly force against someone trying to commit suicide... :headscratch
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

Soccerdad1995
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Re: Not so hypothetical question regarding right to defend...

#49

Post by Soccerdad1995 »

Caliber wrote:Seems a bit odd that:

If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
It makes more sense when you shift your mindset to think about the use of deadly force to prevent something bad from happening right now. Your property will be gone right now if you don't act to stop a fleeing thief.* Someone will get hurt or killed right now if you don't act to stop an assault.

But a LTC holder is not supposed to be doing the job of law enforcement. LTC's prevent harm from occurring. LEO's investigate and prosecute criminals after the harm has already occurred. That distinction is important, I believe. As an LTC, I can help the LEO's do their job (by being a good witness), but I shouldn't try to do it for them.

* Personally I think all human life is precious, and no one deserves to die over a small amount of possessions, but I will respect the decisions of criminals who disagree with me and who believe that their lives are worth less than the value of my stuff. After all, they know their true worth better than I do.
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WildBill
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Re: Not so hypothetical question regarding right to defend...

#50

Post by WildBill »

ScottDLS wrote:Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good. :biggrinjester:
Is shooting a dead man a crime?
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twomillenium
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Re: Not so hypothetical question regarding right to defend...

#51

Post by twomillenium »

ScottDLS wrote:You can use deadly force against someone trying to commit suicide... :headscratch
HUH no you can't.
PC §9.34. PROTECTION OF LIFE OR HEALTH.
(a) A person is justified in using force,but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
Last edited by twomillenium on Sun May 08, 2016 11:44 am, edited 1 time in total.
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thetexan
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Re: Not so hypothetical question regarding right to defend...

#52

Post by thetexan »

ScottDLS wrote:You can use deadly force against someone trying to commit suicide... :headscratch
No. You can not, legally.

tex
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JustSomeOldGuy
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Re: Not so hypothetical question regarding right to defend...

#53

Post by JustSomeOldGuy »

WildBill wrote:
ScottDLS wrote:Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good. :biggrinjester:
Is shooting a dead man a crime?
- discharging a firearm within city limits (where applicable)
- PC42.08 Abuse of a corpse
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TexasFlash
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Re: Not so hypothetical question regarding right to defend...

#54

Post by TexasFlash »

Soccerdad1995 wrote:
Caliber wrote:Seems a bit odd that:

If a person commits murder and is fleeing (after the murder), you cannot use deadly force to stop the fleeing person. However, you can use deadly force to stop a fleeing person if they stole certain property at night.
* Personally I think all human life is precious, and no one deserves to die over a small amount of possessions, but I will respect the decisions of criminals who disagree with me and who believe that their lives are worth less than the value of my stuff. After all, they know their true worth better than I do.
I see what you did there :lol:
Dave :txflag:
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SA_Steve
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Re: Not so hypothetical question regarding right to defend...

#55

Post by SA_Steve »

"recovered by any other means"

would insurance meet the definition of any-other-means ?
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WildBill
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Re: Not so hypothetical question regarding right to defend...

#56

Post by WildBill »

SA_Steve wrote:"recovered by any other means"

would insurance meet the definition of any-other-means ?
Insurance [money] can be used to replace items, but can not recover property.
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