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PostPosted: Mon Apr 29, 2019 8:00 am 
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Joined: Thu Aug 26, 2010 9:01 pm
Posts: 2856
Location: Boonesborough, KY
Bear Paw Jack wrote:

A sign visible in the home’s front window on Cook Avenue, off Payne Avenue, says, “No Trespassing,” and “Violators will be shot. Survivors will be shot again!”

I don't see where his life was threatened and the sign on the door could be construed as showing intent to kill someone. He has done himself no favors here.

Those stupid signs may as well just read: "An armed idiot looking for an excuse to shoot someone resides here."

"It ain't who shoots first and it ain't who shoots most; it's who HITS first. A corollary - the sooner you kill that SOB, the sooner he'll quit shooting at you. The ability to hit what you're shooting at trumps all others, and hanging 47 accessories from a cheese-grater forearm and having a 30 round magazine won't help that - practice will." member WWB

PostPosted: Mon Apr 29, 2019 12:51 pm 
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Joined: Tue Nov 15, 2005 2:01 am
Posts: 14239
Location: Greenville, SC: USA
Cholo wrote:

Yep, the state could not prosecute because there is a Texas state law that says a homeowner can use deadly force to stop someone from robbing his home. Since the homeowner had specifically asked his neighbor (the shooter) to watch his property then he was legally in charge and responsible for the home.


"Don't ever think the reason I'm peaceful
is because I don't know how to be violent."

"I'd rather Die while I'm Living than live while I'm Dead"... Jimmy Buffet

PostPosted: Sun Jun 23, 2019 3:08 pm 

Joined: Sat Dec 01, 2007 4:35 pm
Posts: 1006
Location: Texas
Texas Penal Code 9.42
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.

PostPosted: Tue Jun 25, 2019 9:53 pm 

Joined: Wed Dec 19, 2001 2:01 am
Posts: 15083
Location: Alaska, Idaho USA
More states should use those Texas laws, IMHO.

NRA Life Member
USMC Life Member
“If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim.”
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
George Orwell

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