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Old 05-17-2011, 04:48 AM
 
Location: SouthCentral Texas
3,855 posts, read 4,109,853 times
Reputation: 957

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Quote:
Originally Posted by rjyoungdos View Post
That is the law in Texas. Someone on your properity and they shouldn't be there, you do have the right to shoot them after giving a warning.

So you could be running at them shooting while screaming "I'm going to shoot you". and it be perfectly legal.
I dont know what Texas you're talking about, but it is not legal to shoot anyone tresspassing on private property. The only exception is in defense of life or property.

Where in Texas do you live?

 
Old 05-17-2011, 08:52 AM
 
14,307 posts, read 11,219,325 times
Reputation: 2130
Quote:
Originally Posted by 1751texan View Post
I dont know what Texas you're talking about, but it is not legal to shoot anyone tresspassing on private property. The only exception is in defense of life or property.

Where in Texas do you live?
Really? Has the law has changed in the past 40 years in Texas regarding trespassing on someone's property and the right to shoot them?

An ex relative of mine was shot and killed in Austin by doing so even though the owner knew who he was and he came unarmed looking for his step children. The property owner got off scot free.
 
Old 05-17-2011, 09:09 AM
 
Location: SouthCentral Texas
3,855 posts, read 4,109,853 times
Reputation: 957
Quote:
Originally Posted by chicagonut View Post
Really? Has the law has changed in the past 40 years in Texas regarding trespassing on someone's property and the right to shoot them?

An ex relative of mine was shot and killed in Austin by doing so even though the owner knew who he was and he came unarmed looking for his step children. The property owner got off scot free.
No it hasnt. State the Texas law that gives a property owner a right to shoot a tresspasser in Texas.

In defense of life and property. Your relative should have contacted the local law enforcement agency if he had a legal right to those children. If not, I would have shot him myself.
 
Old 05-17-2011, 09:27 AM
 
14,307 posts, read 11,219,325 times
Reputation: 2130
Quote:
Originally Posted by 1751texan View Post
No it hasnt. State the Texas law that gives a property owner a right to shoot a tresspasser in Texas.

In defense of life and property. Your relative should have contacted the local law enforcement agency if he had a legal right to those children. If not, I would have shot him myself.
I am not going to dig up any Texas law from over 40 years ago. All I am doing is relating a personal incident in here.

My relative's wife had custody of her children and my relative who was her husband went to retrieve them for her. He was unarmed and never showed any violent tendencies prior to getting killed. There was no reason to kill him but due to Texas' trespassing laws the ex-husband got off scot free.

Last edited by chicagonut; 05-17-2011 at 09:51 AM..
 
Old 05-17-2011, 09:39 AM
 
47,576 posts, read 59,065,367 times
Reputation: 22180
Quote:
Originally Posted by 1751texan View Post
I dont know what Texas you're talking about, but it is not legal to shoot anyone tresspassing on private property. The only exception is in defense of life or property.

Where in Texas do you live?
Well this guy has not been arrested and I think you don't have any details of the case but just want to be the judge, jury and exectutioner. Maybe because he's an American?
 
Old 05-17-2011, 09:39 AM
 
Location: San Diego
33,135 posts, read 30,380,974 times
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So, is there more to this story or is it still an American shooting an American? No? Ok
 
Old 05-17-2011, 09:51 AM
 
47,576 posts, read 59,065,367 times
Reputation: 22180
Quote:
Originally Posted by 1AngryTaxPayer View Post
So, is there more to this story or is it still an American shooting an American? No? Ok
I'm pretty sure there's more to it.

This is just how anyone living in El Paso feels about the land out there:

I was traveling South (of Sierra Blanca) early one morning on FM 1111. I ran into a couple with Florida Tags on their vehicle. They both had the lost look on their faces and had maps in hand. I knew immediately, that they had bought land sight unseen and were out looking for it. I had seen this same scenario many times before. As I pulled up beside them, the female in the passenger seat waved for me to stop. When I did, she asked me if I knew where the ????? Ranch was at. I told her that I did and showed them how to get there. As soon as she saw it, they both began to look even more confused. The man in the car told me, "there must be some mistake, we bought this land off of the internet and this is not even close to how it was described". I assured them that this was the land in question and pointed them in the direction of some others who had also purchased land there. I told them if they wanted to ask questions, they could go talk to the man living in the cardboard shack (pointing it out to them). The woman looked at me with a very sad look and said, "I can't believe this, we bought this land off of the internet when (we) got married. We had planned to come out here and live. We were told that there were jobs locally and future development projects in the area". I felt bad for them and recommended that they go to the court house to also check on tax liens. I wished them luck and drove away. About 4 hours later, I again found them parked on the side of the road South of Sierra Blanca. This time, the man was hugging his wife as she was crying.



It's highly unlikely these trespassers were really just trying to find some land to buy. It's well known that the only people who live out there are a certain type that wants to live off the grid. You don't find people like that living in El Paso, very rarely. The land out there is cheap but there's no water, no electricity, it's a hard kind of land to live off if you're trying to live off the land.

It's also a very well known trafficking corridor of the most dangerous Mexican cartels. This is the trafficking corridor that had led to over 8,000 deaths in Juarez. This is the drug and illegals corridor they are fighting over.

That would be another reason people living in El Paso wouldn't be trying to move out there.

The property owner is not in jail now. Most likely as there are at least two sides of most stories, and maybe more to this one as the trespassers have revised their side a couple times, it's better to wait for all the facts to come out. And if this guy was just out to get Mexicans or people who look like Mexicans, he could have easily shot some before now.
 
Old 05-17-2011, 12:01 PM
 
Location: SouthCentral Texas
3,855 posts, read 4,109,853 times
Reputation: 957
Quote:
Originally Posted by malamute View Post
Well this guy has not been arrested and I think you don't have any details of the case but just want to be the judge, jury and exectutioner. Maybe because he's an American?
Im stating the law in Texas...

you spin it as "I want to be"...judge, jury and exectutioner. The law holds true for any person regardless of immigration status of the tresspassed or tresspasser.

Dont let your incorrect assumptions fog your grey matter.
 
Old 05-18-2011, 05:47 PM
 
281 posts, read 385,748 times
Reputation: 263
Who are these lunatics who believe trespassing gives you the right to use lethal force? That is not true in any state and in most of them it will get you murder charges instead.
 
Old 05-18-2011, 05:50 PM
 
Location: New Hampshire
4,828 posts, read 4,679,601 times
Reputation: 3587
Quote:
Originally Posted by Ripley6174 View Post
Who are these lunatics who believe trespassing gives you the right to use lethal force? That is not true in any state and in most of them it will get you murder charges instead.
Hm, it's the law in Texas:

"Sec. 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."

http://www.statutes.legis.state.tx.u...E/htm/PE.9.htm
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