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Thread summary:

Texas shoot in defense law opinions, Georgia law passed, right of self defense protected, Texas resident, defense of property, burglars don’t mess with Texas

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Old 02-23-2008, 07:22 PM
 
Location: West Cobb County, GA (Atlanta metro)
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I'm posting this because here in Georgia we recently passed a "self defense" law that is similar to the new one in Texas that was in a news report tonight on ABC News.

Here's the story about a couple of people who have used the new law under slightly different circumstances. So far the number of instances have actually (and surprisingly) been very few here since ours was passed - apparently it's a bit more active in Texas, but I'm curious to see how residents there (or those planning on moving there) feel about it.

For reference, here's the link to the ABC news story and video: ABC News: Burglars: Don't Mess With Texas
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Old 02-23-2008, 07:29 PM
 
Location: southern california
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i am so glad that the right of self defense is being protected.
a former houstonian
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Old 02-23-2008, 07:32 PM
 
Location: from houstoner to bostoner to new yorker to new jerseyite ;)
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Maybe you should post this in Texas?
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Old 02-23-2008, 07:37 PM
 
Location: West Cobb County, GA (Atlanta metro)
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Quote:
Originally Posted by houstoner View Post
Maybe you should post this in Texas?
Well, I may do that but I guess because the main subject in the story link was a Houston guy I figured I'd put it in here.
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Old 02-23-2008, 07:39 PM
 
Location: from houstoner to bostoner to new yorker to new jerseyite ;)
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There was already a very, very long thread on the subject here right after it happened.

http://www.city-data.com/forum/houst...-pasadena.html
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Old 02-23-2008, 07:41 PM
 
2,896 posts, read 6,283,455 times
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Quote:
Originally Posted by atlantagreg30127 View Post
Well, I may do that but I guess because the main subject in the story link was a Houston guy I figured I'd put it in here.
Understood but your query really is one that involves the entire state and something that should be presented as such. Now moving to the general Texas forum for more widespread input.
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Old 02-23-2008, 08:10 PM
 
Location: West Cobb County, GA (Atlanta metro)
9,191 posts, read 31,708,516 times
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Quote:
Originally Posted by da jammer View Post
Understood but your query really is one that involves the entire state and something that should be presented as such. Now moving to the general Texas forum for more widespread input.
Ok. Sorry, didn't realize there was already a huge thread on it. It was just now getting on the news on tonights (2/23/08) broadcast.

Well, for the record, I'll go ahead and give my input, based on the 61 year old man and his case...

Sorry if this sounds redneck (though I'm not from the deep south truth be told), but I feel no remorse for the burglars. When you do something stupid you have to face the fact that something may happen to you. If I walked on a metal beam at a building under construction and fell 300ft to my death, would I really DESERVE to die because I was so stupid? No, of course, not. But, that is the risk, I would have taken it, and lost the bet. When you enter a home that is not yours, and you decide to take property that is not yours, you run risks. These guys were here illegally (risk one) and chose to engage in illegal behavior (risk 2).

No, I don't condone the older man leaving his home after being told not to and shooting them anyway. I think the argument about them being shot in the back might be up in the air... they were young and fast, and he is older, and from the looks of him, not great physical (or mental) health. Most likely by the time his brain pulled the trigger they had turned around so he did not shoot them in the back on purpose. Who knows. Either way, they did something illegal, gambled, and lost. The fact that one of their girlfriends got on TV to say a single word was silly. I wonder what her legal status is here?

Anyway, the law here in Georgia that was passed not long ago is similar, but more specifically, ours was drawn up due to the rapid increase of carjackings, armed robberies, and home invasions here in Atlanta (and other places in the state) post-Katrina take-ins. Basically, our law says that even if you're in a restaurant and someone robs the place at gunpoint, if you're legally armed you can use deadly force to protect yourself. You do however, have to be able to prove that you thought your life was in danger (the robber having a weapon is proof enough however). Age isn't specific - a 13yo robber (which we have) is just as subject to being shot as a 33yo robber. However, I do believe that in the Houston case, here, you'd be immediately charged with 1st degree if you left your house to purposely confront a neighbor's robbers and it wouldn't be (per the law) up for debate as it is there. In other words, here, the robbers have to come to you or your property (home, car, person).

Anyway, that's my opinion. If you came into my house when via my car out front you KNOW that I'm home, I'm going to assume that you're on meth or crack and are planning on harming me. I'll do what I have to do. If you leave wounded, fine, if you leave in a bag, fine. But if I see a neighbor being robbed, no, I'm not one to do that - I'll call 911 and do the "get your butts here NOW" bit with them (while taking pics of the robbers with my zoom through the window).
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Old 02-23-2008, 08:25 PM
 
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All I can say is I am glad I live in Texas. Where the presumption of the law is in favor of the man/woman defending their person, family, property and, at times, a third party. That is to say that, there is no duty to retreat and that one can stand their ground. Let the scumbags be 'skeeered of us for a while, dammit.
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Old 02-23-2008, 09:14 PM
 
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I don't live in Texas, but if I did, I would call someone as I pulled up to their house and say, "I just pulled up. Okay, I'm getting out of my car now. That's me walking up to your door". I can understand the "Castle" law. But some people are so paranoid that I'd be afraid to startle then and get shot.
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Old 02-23-2008, 09:15 PM
 
Location: San Diego, CA
397 posts, read 955,228 times
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Quote:
Originally Posted by TexasReb View Post
All I can say is I am glad I live in Texas. Where the presumption of the law is in favor of the man/woman defending their person, family, property and, at times, a third party. That is to say that, there is no duty to retreat and that one can stand their ground. Let the scumbags be 'skeeered of us for a while, dammit.
Hi:

Didn't we debate this just a few weeks ago? LOL - yeah, that's right, we were actually kind of in agreement, except about defense of property (as opposed to defense of oneself or others).
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