Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Red in Blue PA

Not legal in other states. If she was not in her car, she can’t shoot him because her life wouldn’t be in danger, according to the laws of most states. Look at the number of homeowners who have been charged after the fact when they shot an intruder breaking INTO their homes, or running away. I think most lawyers would advise if you are going to shoot a burglar, drag him inside afterward!

Or, perhaps the law of the old West prevails — stealing a man’s horse is a hanging offense. Updated: stealing a woman’s car is a...?


8 posted on 11/03/2009 4:00:07 AM PST by afraidfortherepublic
[ Post Reply | Private Reply | To 1 | View Replies ]


To: afraidfortherepublic

“I think most lawyers would advise if you are going to shoot a burglar, drag him inside afterward!”

That would be incredibly BAD ADVICE!

TC


9 posted on 11/03/2009 4:04:29 AM PST by Pentagon Leatherneck
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic

NEVER move the body. Modern forensics can tell if the body was moved at any point after it came to rest.

Even if it really was a good shoot, you will then go to jail for obstruction, falsification of evidence, tampering with evidence, and will be under suspicion of murder because of the above.

If you live somewhere with restrictive self-defense rules and it’s important to you, don’t think about moving the body. Think about moving somewhere else that doesn’t deny your right to self defense instead.


10 posted on 11/03/2009 4:08:47 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic
If someone is breaking into my home while I am in it, I can shoot. If they flee after seeing what was waiting for them in my home, I can not. The threat of bodily harm is over.

If your lawyer tells you to move the body, you need a new lawyer. btw, I am shocked at how many people say that asinine comment in this day and age.

11 posted on 11/03/2009 4:14:09 AM PST by WV Mountain Mama (The difference between genius and stupidity is that genius has limits. Einstein)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic

12 posted on 11/03/2009 4:14:11 AM PST by Road Warrior ‘04 ( I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic
If she was not in her car, she can’t shoot him because her life wouldn’t be in danger

Officer, he came at me with a screwdriver, so I had no choice!

17 posted on 11/03/2009 4:21:50 AM PST by Right Wing Assault (The Obama magic is fading.)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic

Texas has a “nightime” law. If someone is stealing at night , you can use lethal force to stop it. Sorta location sensitive, though, better she is in Houston than Austin.....


29 posted on 11/03/2009 4:59:40 AM PST by Quickgun (As a former fetus, I'm opposed to abortion)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic
"...Not legal in other states...."

That's why Texas is awesome. I feel safer here. My only concern is that I don't shoot my neighbor thru the wall.

Other than that, it's GAME ON!

35 posted on 11/03/2009 5:40:28 AM PST by I Buried My Guns
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic
Not legal in other states

But it's Texas, and WE DON'T CARE what's legal in other states.

Use of deadly force to stop "theft during the night" is specificly justified under Texas statutes. Texas Penal Code section 9.42

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.

Buggar got what his ilk deserve.

Don't want to get the shotgun enema? Don't break into people's cars or houses in Texas.

66 posted on 11/03/2009 2:53:52 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 8 | View Replies ]

To: afraidfortherepublic

She’d be legal in most carry states as long as the offender turned to her in an attack manner. Screwdriver=gun in a life threatening situation.

Hope all her shots were in his front......


70 posted on 11/03/2009 3:30:45 PM PST by Shamrock-DW
[ Post Reply | Private Reply | To 8 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson