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Sorry Mr.hippie, but here in Texas our Castle Doctrine law does just that.
It's a little hard to track based on the bracketed inserts, but you should know that the defendant (the person being sued and who is raising the affirmative defense) has the burden of proof on an affirmative defense.
This means that if you're being sued by someone for shooting them (or their survivors) and you claim you were privileged to do so because they were committing a crime, you have the burden of proving that they were committing the crime.
In all likelihood you're not getting the case thrown out although you may prevail on summary judgment, and you may wind up having to go to trial on it.
Now, I know that some folks who want to get into the gun game are worried that they won't be good shots or that the recoil will hurt. So they talk about other things to avoid discussing what they really wish to discus.
Don't be afraid. Here's a gun that uses ammo with no painful recoil. The .25 auto and . 32 Smith & Wesson wouldn't bother a New England school marm. As far as accuracy is concerned, don't worry. Keep shooting until you hit your target.
They were also made in 6mm BB Cap to hold twenty-four rounds. Advertising literature sometimes referred to this little fellow as the HDH "Wild West Revolver". Needless to say, that's because they really could keep shooting forever; nobody ever laughed at the pistolero who used this one the way they polked fun at Tom Mix and the cowboy stars who never had to reload a Colt Single Action Army.
So don't be shy or embarassed. Come join our merry group of gun lovers.
Now, I know that some folks who want to get into the gun game are worried that they won't be good shots or that the recoil will hurt. So they talk about other things to avoid discussing what they really wish to discus.
Don't be afraid. Here's a gun that uses ammo with no painful recoil. The .25 auto and . 32 Smith & Wesson wouldn't bother a New England school marm. As far as accuracy is concerned, don't worry. Keep shooting until you hit your target.
They were also made in 6mm BB Cap to hold twenty-four rounds. Advertising literature sometimes referred to this little fellow as the HDH "Wild West Revolver". Needless to say, that's because they really could keep shooting forever; nobody ever laughed at the pistolero who used this one the way they polked fun at Tom Mix and the cowboy stars who never had to reload a Colt Single Action Army.
So don't be shy or embarassed. Come join our merry group of gun lovers.
It's a little hard to track based on the bracketed inserts, but you should know that the defendant (the person being sued and who is raising the affirmative defense) has the burden of proof on an affirmative defense.
This means that if you're being sued by someone for shooting them (or their survivors) and you claim you were privileged to do so because they were committing a crime, you have the burden of proving that they were committing the crime.
In all likelihood you're not getting the case thrown out although you may prevail on summary judgment, and you may wind up having to go to trial on it.
It would be very helpful if we had data on how often personal defense shootings, fatal and otherwise, executed outside of the home are then challenged in civil and crimminal courts. A separation by holders of CCWs or similar would also be beneficial as license holders have a degree of certified point of law training.
It's a little hard to track based on the bracketed inserts, but you should know that the defendant (the person being sued and who is raising the affirmative defense) has the burden of proof on an affirmative defense.
This means that if you're being sued by someone for shooting them (or their survivors) and you claim you were privileged to do so because they were committing a crime, you have the burden of proving that they were committing the crime.
In all likelihood you're not getting the case thrown out although you may prevail on summary judgment, and you may wind up having to go to trial on it.
If the homeowner shoots someone who is committing no crime, then the shooter would be indicted.
If the defending homeowner has been no-billed by the Grand Jury which means the shooting was justified, there is almost no chance any competent attorney is going to try to take it to a civil court.
And that is because the shooter has been already exonerated from criiminal liability that he/she would be "immune from civil liability for personal injury or death...etc.". It would be a losing proposition to pursue it.
The decedents' survivors can file suit if they want...but it wouldn't go anywhere.
There have beeen a couple cases I know of where homeowners claimed they were within their "Castle Doctrine rights", but that didn't keep them from being prosecuted. Naturally, in those cases civil suits could probably be won.
If the defending homeowner has been no-billed by the Grand Jury which means the shooting was justified, there is almost no chance any competent attorney is going to try to take it to a civil court.
I'm glad that you aren't my attorney because I would be under the poor house with that kind of legal advice. The standard of proof is so diametrically different in civil court as to make your argument risible.
In jurisdiction after jurisdiction very competent attorneys wind up having their clients pay huge jury verdicts in wrongful death suits not only after not being indicted by a Grand Jury but exonerated by their departments Internal Affairs Department, if you get my meaning.
I'm glad that you aren't my attorney because I would be under the poor house with that kind of legal advice. The standard of proof is so diametrically different in civil court as to make your argument risible.
In jurisdiction after jurisdiction very competent attorneys wind up having their clients pay huge jury verdicts in wrongful death suits not only after not being indicted by a Grand Jury but exonerated by their departments Internal Affairs Department, if you get my meaning.
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