Castle Doctrine at work....

[rd2007]

You're always trying to stop the threat, never trying to kill or shoot someone. It's easy and important to remember those words.
and the night is always in the homeowners favor in Texas

[firstclassflyer]

Where's this guy http://bestsmileys.com/army/4.gif (broken link) when you need him? He usually knows about this kind of thing.

[majormadmax]

Originally Posted by firstclassflyer

Where's this guy when you need him? He usually knows about this kind of thing.

Did I hear someone call?

Here is the law on using lethal force when protecting one's property...

PC §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.

Some interpret the items listed in sentence 2B as being separate items, meaning the first three are independent of the last "theft during the nighttime" and thus they apply at any time.

I cannot remember if (if ever) a law-abiding citizen in Texas was prosecuted for defending his property against criminals! Even Joe Horn in Pasadena was cleared for shooting the two illegal immigrants he caught burgling his neighbor's house.

Folks, the bottom line is this is Texas, a state that believes allowing its citizens to protect themselves, their family, their property and in some cases, other from criminal harm! Texas Penal Code §9 outlines the law concerning this, and anyone who owns a firearm (whether they conceal carry or not) should be familiar with that chapter so they know to what extent they can employ it if necessary.

Cheers! M2

[rd2007]

"There is no duty to retreat before using it" is my favorite line from that

[wCat]

Originally Posted by rd2007

wonder what type of gun he used? You would think the culprit would need to go to a hospital. I personally would've shot as many times as possible to make sure the situation ends in our favor.

You're always trying to stop the threat, never trying to kill or shoot someone. It's easy and important to remember those words.
and the night is always in the homeowners favor in Texas

Rd...these two posts of yours seem to contradict each other.....unless I'm misunderstanding the first one.

[rd2007]

You physically shoot the intruder, but when giving a statement you say you were stopping the threat. It is best to never mention shooting or trying to hurt or kill the person. You are simply ending the threat to your family and/or property by a means. As long as that is what you are thinking and the circumstances justify it, you have nothing to fear. However, if you say you just wanted to kill or shoot the person, you're digging yourself a big hole. From what I have read, most police officers will steer you in the proper direction, which is obviously far away from that hole.
Basically it boils down to: don't go looking for it, but if it finds you, make sure you stop it. Say you feared for your safety and just wanted the threat to go away.

It is a billion times better than the laws in states like california, where they do everything they can to protect the rights of criminals and punish the innocent.

[majormadmax]

What RD is referring to is a very good article by Steve Krystek & Michael Pottern on what to do after a lethal encounter...

After the Shooting Stops: Dealing With the Aftermath of a Lethal Encounter

[rd2007]

wow, I've never seen that article before, but they nearly quoted everything I posted above