Is deadly forced justified when construction company trying?

As the name indicates, this is the place for gun-related political discussions. It is not open to other political topics.

Moderators: carlson1, Charles L. Cotton


Topic author
Stupid
Senior Member
Posts in topic: 8
Posts: 910
Joined: Fri Nov 11, 2005 12:02 am

Re: Is deadly forced justified when construction company try

#46

Post by Stupid »

Excaliber wrote:
EEllis wrote:As an aside what is up with all the "Can't I please shoot them" threads?
Exactly.

The valid question (after meeting the legal requirements for deadly force) is: "Is there no other reasonable way to prevent death or serious injury to an innocent person?"

Folks who approach deadly force issues from the "Can I shoot 'im" school of thought should sit down, take a deep breath, and really think that through.

I understand this approach and full agree. I am just curious from legal point of view, could the homeowner use deadly force to protect his property legally?
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
User avatar

Oldgringo
Senior Member
Posts in topic: 3
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Is deadly forced justified when construction company try

#47

Post by Oldgringo »

The Annoyed Man wrote:
Excaliber wrote:Folks who approach deadly force issues from the "Can I shoot 'im" school of thought should sit down, take a deep breath, and really think that through.
This.
Exactly!

Shooting someone, even if they need to be shot, is gonna' bring on a whole lot of time consuming conversation and expense.
User avatar

WildBill
Senior Member
Posts in topic: 5
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Is deadly forced justified when construction company try

#48

Post by WildBill »

Oldgringo wrote:
The Annoyed Man wrote:
Excaliber wrote:Folks who approach deadly force issues from the "Can I shoot 'im" school of thought should sit down, take a deep breath, and really think that through.
This.
Exactly!

Shooting someone, even if they need to be shot, is gonna' bring on a whole lot of time consuming conversation and expense.
:iagree: I am glad that Excaliber posted his short statement as I had the same thought.

Just because this is a CHL forum doesn't mean that using a firearm is a solution to every problem.
NRA Endowment Member
User avatar

jmra
Senior Member
Posts in topic: 5
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Is deadly forced justified when construction company try

#49

Post by jmra »

:iagree:
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member

K.Mooneyham
Senior Member
Posts in topic: 1
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: Is deadly forced justified when construction company try

#50

Post by K.Mooneyham »

Seems like some of the folks posting on the forum could benefit from a class on the laws regarding the use of force and deadly force. As Oldgringo said:
Shooting someone, even if they need to be shot, is gonna' bring on a whole lot of time consuming conversation and expense.
Personally speaking, I'd rather avoid that if at all possible.
User avatar

SA_Steve
Senior Member
Posts in topic: 3
Posts: 357
Joined: Sat Sep 27, 2014 9:59 pm
Location: San Antonio, north central hills

Re: Is deadly forced justified when construction company try

#51

Post by SA_Steve »

But, but I'm licensed...

Step 1 is shoot, I don't need to think about step 2.
You may have the last word.
User avatar

Mel
Senior Member
Posts in topic: 1
Posts: 606
Joined: Fri Jun 11, 2010 5:47 pm
Location: Farmersville, TX

Re: Is deadly forced justified when construction company try

#52

Post by Mel »

SA_Steve wrote:But, but I'm licensed...
Step 1 is shoot, I don't need to think about step 2.
As Sheldon would say, "Sarcasm?"
Mel
Airworthiness Inspector specializing in Experimental and Light-Sport Aircraft since the last Century.

Taypo
Banned
Posts in topic: 1
Posts: 1054
Joined: Thu Nov 06, 2014 12:36 pm

Re: Is deadly forced justified when construction company try

#53

Post by Taypo »

WildBill wrote:
Oldgringo wrote:
The Annoyed Man wrote:
Excaliber wrote:Folks who approach deadly force issues from the "Can I shoot 'im" school of thought should sit down, take a deep breath, and really think that through.
This.
Exactly!

Shooting someone, even if they need to be shot, is gonna' bring on a whole lot of time consuming conversation and expense.
:iagree: I am glad that Excaliber posted his short statement as I had the same thought.

Just because this is a CHL forum doesn't mean that using a firearm is a solution to every problem.
"When all you have is a hammer, every problem looks like a nail"
User avatar

ScottDLS
Senior Member
Posts in topic: 3
Posts: 5079
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Is deadly forced justified when construction company try

#54

Post by ScottDLS »

Come on people! It's a hypothetical, a thought experiment. Of course the OP gets to give his hypothetical parameters... and then we get to debate them or point out inconsistencies in the hypothetical. To me it is interesting and helps me think about the law and how it may apply to more realistic situations. Not so I can push the limits, but so I can understand them and the gray areas. :???:

Isn't it still in Texas law that you can use deadly force at night against criminal mischief? That doesn't mean we're all itching to do it, it means we're discussing the parameters under which the law operates. :rules:

If somebody is hypothetically knocking my house down around me, I'm hypothetically going to drill them with my NFA registered machinegun. So what? :mad5
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!!!!"
User avatar

WildBill
Senior Member
Posts in topic: 5
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Is deadly forced justified when construction company try

#55

Post by WildBill »

ScottDLS wrote:Come on people! It's a hypothetical, a thought experiment. Of course the OP gets to give his hypothetical parameters... and then we get to debate them or point out inconsistencies in the hypothetical. To me it is interesting and helps me think about the law and how it may apply to more realistic situations. Not so I can push the limits, but so I can understand them and the gray areas. :???:

Isn't it still in Texas law that you can use deadly force at night against criminal mischief? That doesn't mean we're all itching to do it, it means we're discussing the parameters under which the law operates. :rules:

If somebody is hypothetically knocking my house down around me, I'm hypothetically going to drill them with my NFA registered machinegun. So what? :mad5
Fifty four posts - I would think that this would qualify as a successful thought experiment.

Both sides got to state their opinions and reservations about "pushing the limits" of legality and common sense.

In this particular hypothetical situation, I don't think there are many gray areas.

A construction company with a legal contract to knock down a house is not the same as some guy trying to vandalize your house at night. :tiphat:
NRA Endowment Member
User avatar

SA_Steve
Senior Member
Posts in topic: 3
Posts: 357
Joined: Sat Sep 27, 2014 9:59 pm
Location: San Antonio, north central hills

Re: Is deadly forced justified when construction company try

#56

Post by SA_Steve »

A little different from a demolition situation but:
I worked many years for a pipeline company which had rights of ingress/egress to 5,000 miles of right-of-way. Amazing what we did to accommodate landowners, some who liked to meet us with a shotgun. They got extra 'good will' checks, free driveway paving, tree trimming, mowing, gravel, fence, gates, whatever it took. You don't want to have a pipe or microwave tower or any kind of equipment that a full time neighbor is mad about. We were especially generous to Louisiana sugar cane farmers, seems they always prevailed heavily with their damage claims in local courts. Typical award was 5 years of lost production.
You may have the last word.

Texsquatch
Senior Member
Posts in topic: 1
Posts: 576
Joined: Wed Aug 07, 2013 11:55 pm
Location: Central Texas

Re: Is deadly forced justified when construction company try

#57

Post by Texsquatch »

I don't think the demo crew could be considered engaged in a criminal act. They would be hired to do a job and have nothing to do with all the activity leading up to the event.

I think some people watch too many movies where the evil bank or evil businessman tries to take over property and orders his evil construction workers to destroy the property at all costs.

Even if the demolition was premature, I think if you shoot a bulldozer operator, then you would have plenty of time to rethink your actions while you spend the rest of your life in prison.
User avatar

nightmare69
Senior Member
Posts in topic: 1
Posts: 2046
Joined: Thu Feb 21, 2013 9:03 pm
Location: East Texas

Re: Is deadly forced justified when construction company try

#58

Post by nightmare69 »

Your thought process changes when you line up the sights on a living person knowing their existence is determined by your trigger finger.

I've been in that situation a few times but thank the good Lord I've never had to pull the trigger, I pray I never have too.
2/26-Mailed paper app and packet.
5/20-Plastic in hand.
83 days mailbox to mailbox.
User avatar

mojo84
Senior Member
Posts in topic: 7
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Is deadly forced justified when construction company try

#59

Post by mojo84 »

The demo crew doesn't just show up on a bulldozer and start demolishing a house. There is a lot of work that goes on prior to the demo work starting. Electric and gas disconnected, appliances removed, verification no chemicals are inside, verification no asbestos is present, etc. Therefore, the hypothetical situation of a demo crew rolling up off the street and starting demolition is absurd and unrealistic.

Therefore, the hypothetical idea of shooting someone in such a situation is ludicrous and continuing to argue over it is also.

:banghead: :roll:
Last edited by mojo84 on Sun Aug 09, 2015 7:19 pm, edited 1 time in total.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
User avatar

jmra
Senior Member
Posts in topic: 5
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Is deadly forced justified when construction company try

#60

Post by jmra »

:iagree:
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
Post Reply

Return to “Gun and/or Self-Defense Related Political Issues”