TXRKC
Member
If there are ANY states where that IS sufficient, please let me know so I can move!!
Come on down to Texas. That's enough reason here.
If there are ANY states where that IS sufficient, please let me know so I can move!!
Come on down to Texas. That's enough reason here.
Deadly Force to Protect PropertyAn individual is permitted to use force to protect his land or movable property if the individual believes that another person is trespassing or unlawfully interfering with his property and that force is the only action that will successfully stop the unlawful action. Keep in mind that this force is not deadly force. Deadly force is only justified when the individual reasonably believes that deadly force is immediately necessary to stop the other individual's unlawful actions, which include aggravated robbery, arson, burglary, criminal mischief during the night or theft at night. Deadly force may also be used to prevent the person who has committed the criminal act from fleeing with the property. The individual who uses deadly force must reasonably believe, however, that the land or property cannot be protected or recovered by any other means except by the use of deadly force.
Here is what I'm getting at: You see that 4 guys are loading your scoot into a truck with a 5th guy driving. If you did not have a gun, you would never do anything but yell from a distance allowing you to escape. However, you run right in with gun drawn, and wound one and kill another, and the other 3 got away.
LEO arrives at the scene. Once you are allowed to get up off of the ground, after having been disarmed, you describe what happened. You are arrested. The reason, is that you used deadly force, when it was not justified.
"But, I believed my life was in danger".
"Did any of these guys pull a weapon of any kind?"
"No. But there was so many I was sure if I did not shoot, I was going to be killed."
"Then, why did you engage them instead of keeping your distance and calling us?"
"They were stealing my bike"
"So, you did not think your life was in danger when you engaged them?"
"I guess I didn't think of it like that. I just wanted them to stop stealing my bike"
"Sir, you have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney and to have that attorney present during questioning. Do you understand these rights as I have stated them to you?"
"Yes, but..."
"Sir, please turn around and put your hands on your head." Now you can look forward to 3 years of your life and a minimum of $150,000, and that is just in self defense and other possible litigation.
...First, you have said too much, without the benefit of counsel. Maybe enough to put you in serious muck. 2nd, Even without your "explanation", you will have a terrible time justifying the threatening of deadly force, much less using it. 3rd, you will have to live with what you have done for the rest of your life, justified in your own mind or not.
I'm not judging. I never go anywhere without my Glock, but it is definitely not a "get out of any trouble free card." Don't carry if you have not fully considered the ins and outs of using it, and the willingness to use it and live with the consequences. You have to know when you can and when you can't, and if you can't you better not. Also, warning shots are absolutely futile and ineffective (don't ask me how I know).
I'm just sayin'...
Enjoy,
Rich P