jakeshoe Posted October 20, 2005 Share Posted October 20, 2005 Z Guy, I know a guy, who had 3 burglars invade his home, at night, and yielding knives, he shot two dead, one lived. The victim, guy I know, did prison time, for using excessive force. He was threatened, they were "coming at him" with deadly weapons... I'm not trying to slam your post, simply stating thinking in terms of common sense might get you into a lot of trouble. Unfortunately many people wouldn't know this until it is too late. It is a good idea to at least know your local laws pertaining to "use of force, and use of deadly force". If you find you don't like them, encourage your local politicians to change them. Hopefully nobody will need to know these things, but I would suggest being prepared. If your states laws are based on "common sense" your definition would sound fair to me. Some states are more leniant, you are allowed to use deadly force on a thief as they are running away in TX, OK. In TX, it must be YOUR property, and it must be of value that it would be a felony act. In OK, I'm not sure, but the way I understand it, it doesn't have to be a felony. Someone steals your chickens, gets caught in the act, tries to flee, you can shoot. Some states have much less lenient laws for the person protecting their property. The dogs stated earlier in this post could be a huge liability...more so than using a firearm in some places. Quote Link to comment Share on other sites More sharing options...
jakeshoe Posted October 20, 2005 Share Posted October 20, 2005 http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm Just for a good example, here are TX's laws. 9.42 in particular, I LIKE. Quote Link to comment Share on other sites More sharing options...
dr_hunt Posted October 21, 2005 Share Posted October 21, 2005 That's good texas law, 9.42 simply states, shoot 'em and let god sort 'em out, but only at night! Quote Link to comment Share on other sites More sharing options...
DavyZ Posted October 21, 2005 Share Posted October 21, 2005 I heard of one guy who killed a burgler coming out of his outbuilding (it was a long and involved story that I don't remember most of' date=' but the ex-burgler smartly deserved it). The policeman who responded took one look at where the body was laying, and told the homeowner he was going down to the corner store to get a cup of coffee, and to move the body completely into the building before he got back. Sometimes I LOVE living in Texas.[/quote'] Best state in the union... Davy Quote Link to comment Share on other sites More sharing options...
24 oz Posted October 21, 2005 Share Posted October 21, 2005 Im not sure about other states but I am pretty sure in CA if you have a "beware of dog" sign or something along those lines you wont be responsible. Thats just what I have heard not to sure how accurate that is and has to be on your property and I dont think that includes your front yard. thats just something i heard, might be something to look into if you want some guard dogs. Quote Link to comment Share on other sites More sharing options...
Mikelly Posted October 21, 2005 Share Posted October 21, 2005 Well I'm only speaking for Virginia Code, but bottom line is you have to prove you were in mortal danger AND fear of that danger AND fear of losing your life. We have a lot of folks in Virginia who, through their jobs are trained to deal with mortal danger... If you say the wrong things on the stand, and the prosecutor brings up the fact that you've had certain training and been trained to function at 100% without fear of losing your life, then you can basically be convicted... Maybe not of first degree, but certainly Manslaughter to second degree murder... So you have to be careful in Virginia... The scenario with the two guys in the hallway and one having a tire iron... That is one I'd NOT want to defend. Shooting someone in the back, in the dark, while they are in your house robbing it in Virginia could possibly get you sent to federal assrammin' prison... No thanks. As for property thefts... You can't harm someone stealing your chit! You CAN detain them. You can stop them. You can't assault them. So if you have someone who attacks you when you try to detain them, then game is on... You must be prepared to deal with attorneys, the law and how it reads, and be prepared to counter with verbiage that would make Bill Clinton proud! Know the game, the rules and the boundaries before you make a choice to use leathal force to stop someone in a crime... And for god's sake... READ THE CODES on firearm ownership, carry, and liability in your state if you plan to, or already do own a gun with the intention to use it to protect yourself. Simple things like knowing the attacker has to be armed, and facing you before you shoot him or her, can make the difference in squeezing the trigger... Also, training... Training can hurt you in a court of law. I've had over the years a number of defensive, tactical as well as other gov't training programs designed to keep you alive where people don't want you to be alive. Because of this training, I would be in much deeper trouble legally and liably than my wife. It's much better for her to shoot an invaider in the dark, emptying the whole clip of the gun into them with their back to her, than it would be for me to get a 100% legal kill on a scumbag who was trying to come towards me with a knife. Training can hurt your chances in court. Getting a permit to carry concealled is a guarentee that you will open yourself up to a liable suit long after the legal wrangling is over. Like I said at the top... Make sure you know what YOUR state laws are, because they differ wildly from state to state. Mike Quote Link to comment Share on other sites More sharing options...
MatMan Posted October 21, 2005 Share Posted October 21, 2005 Im not sure about other states but I am pretty sure in CA if you have a "beware of dog" sign or something along those lines you wont be responsible. Thats just what I have heard not to sure how accurate that is and has to be on your property and I dont think that includes your front yard. thats just something i heard, might be something to look into if you want some guard dogs. Not so. The law is so F***ed up in this state that if you have, and display, a sign warning of a dog you, as the owner, are aware that your dog may be dangerous, opening yourself to liability. In essence, you know your dog is dangerous, and it is your fault if anyone unauthorized ventures onto your property and gets mauled. What a country. Quote Link to comment Share on other sites More sharing options...
Mikelly Posted October 21, 2005 Share Posted October 21, 2005 YUp, and in Virginia if your dog bites someone, you are now charged with a FELONY. This, after a woman in my county watched as her two rotweillers or pitbulls (Forget the dog breed, but one or the other) attacked an 83 year old woman and killed her. This happened early this spring and by July lawmakers had something passed to make it a felony if your dog attacks someone. Mike Quote Link to comment Share on other sites More sharing options...
24 oz Posted October 21, 2005 Share Posted October 21, 2005 Not so. The law is so F***ed up in this state that if you have, and display, a sign warning of a dog you, as the owner, are aware that your dog may be dangerous, opening yourself to liability. In essence, you know your dog is dangerous, and it is your fault if anyone unauthorized ventures onto your property and gets mauled. Thanks that clears it up a bit and ya this country does have some f***** up laws. I think if someone is stealing something you should have the right to open fire, its not our fault we earn what we have and they dont. Quote Link to comment Share on other sites More sharing options...
Guest traub83 Posted October 22, 2005 Share Posted October 22, 2005 Grr still no word from the police on the prints, they said come monday the prints will have been ran through there system so lets hope they find a match!!!! cause I want my turbo's back darnit!!! Ohh yah I have an appointment with ADT this comming weds!!! Quote Link to comment Share on other sites More sharing options...
Guest tork dork Posted October 22, 2005 Share Posted October 22, 2005 I once heard about a guy who was getting his barn robbed every couple of weeks so he rigged up a shotgun to a string and a couple levers to fire at the doorway once the door opened (might be an option for you if you have two doors into your shop) and it worked he killed the robber and then spent the rest of twenty years in prison. Its called the fleeing felon rule. You can't shoot anyone even if they are on your property unless they are an immediate danger to your life. And I'm pretty sure its nation wide. ADT is the way to go. Quote Link to comment Share on other sites More sharing options...
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