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General discussion

States laws on 'Deadly Force'

May 29, 2006 2:28AM PDT

Haven't looked into the Texas general laws on 'deadly force' as of late, except its been in the local newspaper to crack down on Cops shooting on fleeing vehicles. Seems all that's needed is a witness or two (usually other cops) to say the vehicle was trying to run down the cop (trying to flee) so he feared for his life and started firing at the vehicle with 'deadly force'.

It used to be, and probably still is that 'deadly force' can only be used if great bodily harm is imminent, and/or fear for own or others immediate life. In other words, just a trespasser in your home or property cannot be shot. If Grandma shot at a potential burglar/rapist through the window while attempting to enter, then Grandma needs to go outside and ensure a hole through the screen or window to show forcible attempt to enter. Leaving a door unlocked and a trespasser is in your home is not just a reason to shoot.

Shooting a thief or burglar is not justified 'deadly force' unless fear of imminent life/rape from the said thief or burglar. HOWEVER (I believe it is still on the books) shooting a thief at NIGHTTIME can be justified if there is no other way to recover the items(s) being stolen. The 'other way to recover' usually has to be argued in court. I recall reading in the local newspaper around 15 years ago where a local business man woke up in the middle of the night with a trespasser in his bedroom. He grabbed his .357 Mag as the guy was fleeing the bedroom , chasing him firing his .357 as guy was going out the back door, hitting him in the back where he died on his rear lawn. The business man was not arrested, nor did the Grand Jury indict, as the man's wallet containing cash was found in the trespassers hand, it happened at NIGHT, and there was no other way to 'recover' the item (money). I always wondered if the Cops, thankful that this burglar was finally stopped, hinted to the business man...where is your wallet?

Hope we get more new teeth in our laws, like some other states recently revising their laws, to allow more justified shooting of the bad guys.

Discussion is locked

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Something sounds odd
May 29, 2006 2:30AM PDT

Legaly, property and life are not interchangeable or equal

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Depends on what state you are in
May 29, 2006 2:43AM PDT

I believe the shooting of a thief at night in Texas came from the very old days of nighttime cattle rustling. Horse thieves were usually hung in those days, night or day rustling.

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(NT) (NT) I still find that very odd
May 29, 2006 2:44AM PDT
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Yep,
May 29, 2006 2:56AM PDT

most people in Texas are not aware of the NIGHT except some educated bad guys. I found out about it years ago through a lawyer, then some years ago more details when taking mandatory live courses for the Texas Handgun Concealed Weapons License.

Like I say, not sure if still on the books as of today, but hope it still is, and only trained/educated people know what they are doing.

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well its waiting to be signed here in ga
May 29, 2006 7:26AM PDT

the right to defend self.

but if your in my home day/night unlawfully, i can and will perferate your body.
this isnt directed at you john in case you thought wasHappy

last yr a woman and her car were hyjacked broad daylight a man saw it happen, followed car calling cops perp cut off a cement truck woman diedSad and he pulled a gun on the guy following lucky the man was a licensed gun carrier shot perp deaDHappy
the perp was wante for 2 raped was out on paroleSad
the grand jury dint bring charges

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Hope the Ga. law passes ok Mark.
May 29, 2006 8:26AM PDT

My daughter lives in Atlanta and I taught her how to use a handgun.

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it will
May 29, 2006 8:36AM PDT

but as it is now i can defend myself in home
if i see some one whos in trouble might get charged but as i feel its apropriet to use deadly force i will to defend others.

you know why you dont want to wound? they will sue you

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john the law here in ga states if perps inside
May 29, 2006 9:47AM PDT

no need to fake break inHappy
and i allways have a spare bat in closetHappy

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(NT) (NT) Perhaps a Louisville Slugger :)
May 29, 2006 9:56AM PDT
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Hmmm....
May 29, 2006 10:23AM PDT

You mean any stranger that wanders in anytime of day or night through an unlocked door can be shot, even a little old man who doesn't know which door is which?

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if a perso walks into
May 29, 2006 11:23AM PDT

your house uninvited is breaking in
im in fear of my life

but if its daytime ill try to not kill if i see its an old manHappy
but if i di id be ok

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Also, arson.
May 29, 2006 11:35AM PDT

If you happened to see somebody about to set fire to a house or building, for example, he can legally be shot dead. Lately, we've had some very dry pasture and a number of fires. I don't know if it would be legal to kill somebody for setting such a fire.

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To prevent immintent commission of Arson
May 29, 2006 1:13PM PDT

on a house or building is covered in Deadly Force if the property cannot be protected by any other means. However, I do not know about pasture/grass fires and also the possible difficulty in determining if someone could be accidently starting one. Even Ranchers burn scrub timber, and some burn fields. But usually in dry parched weather the County puts out warnings about starting fires, with fines, instead of a deadly gunshot.

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i wouldnt consider useing df for grass id hold
May 29, 2006 1:40PM PDT

till cops came

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The thing of it is tho
May 30, 2006 12:26AM PDT

if the guy decides to flee, you cannot shoot.

There is no provisions for shooting someone after arson has started or for shooting a fleeing arsonist. Perhaps you are thinking of making a citizens arrest, but can't shoot except in self defense which comes under different rules.

I would say just call the Sherrif's department and report someone burning a pasture during dry/parched seasons, it could be just a hired hand of the owner following instructions, and there would probably be a $$ fine or warning to the owner for violation of burning restrictions.

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The thing is, these grass fires often end up not only
May 30, 2006 12:01AM PDT

burning houses but killing thousands of cattle and horses.

I do understand the idea of controlled burns, and I think it is a good idea if you know what you are doing.

I'd like to see an authoritative source on this...maybe I'll do some reading when I have time.

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I just now dug out my copy
May 30, 2006 1:34AM PDT

of the Texas Concealed Handgun Laws and Selected Statutes, LS-16, October 1999.

Under Protection of Property, PC 9.41 and PC 9.42: (bold type is mine)

Needs to be justified in using force against the the other under Section 9.41: and
under Section 9.42:

(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 nightime, or criminal mischief during the nightime; 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
(Pls note arson is not listed in the fleeing.)

(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, how are you going to determine imminent commision of arson? Witnesses that the guy had his hand back with a Molentov Cocktail ready to throw? I don't believe just your word would hold up in court that he had a torch or matches ready to set the pasture on fire and that you believed it was arson.

Like I said, it could be the owner or his hired hand with a match ready to set fire to his pasture to burn off the grass for future growth, and it would only be a $ fine or warning.

Best to report and let the Sheriff handle the law enforcement of pasture fires, and not end up in prison for murder or manslaughter.

As far as burning of grass...aprx 14 years ago when traveling through Oklahoma, Kansas, and Nebraska on the way to North Dakota, forget which state, believe Oklahoma, we observed miles and miles, at least 30+ continuous miles of burnt grass. Thought maybe lightning started the fire, but came across ranch crews burning the grass on purpose, which is apparently a yearly ritual.