Man fires gun into ground to scare burgler........gets arrested (Congress, invasion)
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Mr. Fleming is welcome to move to Texas, where we DO allow for use of deadly force to protect a neighbor's property.
You Might want to read that section of Texas law in conjunction with the two prior sections, .42 and .41. You don't have the right to do what this guy did even in Texas.
This was NOT this guys neighbor, he was roaming a neighborhood, it may not have been on the same street.
Mr. Fleming is welcome to move to Texas, where we DO allow for use of deadly force to protect a neighbor's property.
.....
According to the Castle Doctrine or Defense of Habitation Law of Texas, a person can reasonable protect him or herself against another person’s use or attempted use of unlawful force. The person acting must also not have provoked the other person.
A degree of reasonable protection includes counteracting a person who:
unlawfully or forcefully enters or attempts to enter the victim’s place of residence, vehicle, or place of employment.
forcefully removes the victim from his or her place of residence, vehicle, or place of employment.
commissions or attempts to commission a kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.
In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery. Texas Castle Doctrine, Defense of Habitation Law of Texas, Austin Criminal Lawyer
Robbery
Robbery is the taking or attempting to take something of value from another person by use of force,
vs Burglary
Burglary is the unlawful entry of a ‘structure’ to commit a theft. Burglary is commonly known as a "break in," or, "breaking and entering." A ‘structure’ is usually in reference to physical buildings but not cars.
The burglar was not threatening him nor did he have a gun.
Can you find the section of your states code and point out where you could shoot in this case? I don't seem to be able to find it.
The law doesn't say you have to fire at the person, it says in their direction, even if you intend to miss. He either fired into the ground in the direction of the burglar or in the opposite direction.
I'm willing to bet Rambo did not shoot in the opposite direction. I know some genius out there would disagree, but anyone with an IQ higher than 50 would assume it was in the same direction.
Yea, and anyone with a IQ above 50 will not associate a movie with what is actually going on....but that par for you...as we all know...
Ha ha....so now yuor saying that if I shoot in the opposite direction, I'm still shooting at him? My god man....nice spin on that one....
Having a shotgun in your home to protect yourself is one thing.
Roaming the streets looking for criminals and taking shots at suspects is completely different.
No need to lie anymore....please give a dircet quote from any article you can find that says this? I'll be waiting....
Quote:
Originally Posted by buzzards27
Start at the top and read thru, the gunman was NOT on his land. He was roaming the neighborhood vigilant style looking for trouble. Fortunately he didn't come upon a real cop investigating another call, he might be dead.
No need to lie anymore....please give a dircet quote from any article you can find that says this? I'll be waiting....
Quote:
Originally Posted by Rick Roma
Yes, he did. Please feel free to actually get up to speed on what really happened and then try again.
And yuo need t ostop making thigs up as you go along....
Quote:
Originally Posted by Rick Roma
I'm saying you can't go out patrolling the neighborhood and playing vigilante with a gun and expect it to end well for you.
No need to lie anymore....please give a dircet quote from any article you can find that says this? I'll be waiting....
I'll be waiting....for a response from you all.....but It's going to be a while...cause you cannot find anything that says this....
Yea, and anyone with a IQ above 50 will not associate a movie with what is actually going on....but that par for you...as we all know...
Ha ha....so now yuor saying that if I shoot in the opposite direction, I'm still shooting at him? My god man....nice spin on that one....
Yep, your just a bad shot.
You can't even just point it at them and in some cases even having a gun in your hand is seen as a threat..
Unless the criteria has been met for the use of deadly force leave the gun holstered or you are the one doing the threatening..
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