TX man shoots men robbing his neighbors - Page 2
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Thread: TX man shoots men robbing his neighbors

  1. #11
    Texas allows use of force to protect a 3rd party’s property.



    http://tlo2.tlc.state.tx.us/statutes....000009.00.htm


    § 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
    is justified in using force or deadly force against another to
    protect land or tangible, movable property of a third person if,
    under the circumstances as he reasonably believes them to be, the
    actor would be justified under Section 9.41 or 9.42 in using force
    or deadly force to protect his own land or property and:
    (1) the actor reasonably believes the unlawful
    interference constitutes attempted or consummated theft of or
    criminal mischief to the tangible, movable property; or
    (2) the actor reasonably believes that:
    (A) the third person has requested his protection
    of the land or property;
    (B) he has a legal duty to protect the third
    person's land or property; or
    (C) the third person whose land or property he
    uses force or deadly force to protect is the actor's spouse, parent,
    or child, resides with the actor, or is under the actor's care.

    Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
    Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
    1994.

  2.   
  3. #12

    Lightbulb

    Quote Originally Posted by TR4A View Post
    Texas allows use of force to protect a 3rd party’s property.



    http://tlo2.tlc.state.tx.us/statutes....000009.00.htm


    § 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
    is justified in using force or deadly force against another to
    protect land or tangible, movable property of a third person if,
    under the circumstances as he reasonably believes them to be, the
    actor would be justified under Section 9.41 or 9.42 in using force
    or deadly force to protect his own land or property and:
    (1) the actor reasonably believes the unlawful
    interference constitutes attempted or consummated theft of or
    criminal mischief to the tangible, movable property; or
    (2) the actor reasonably believes that:
    (A) the third person has requested his protection
    of the land or property;
    (B) he has a legal duty to protect the third
    person's land or property
    ; or
    (C) the third person whose land or property he
    uses force or deadly force to protect is the actor's spouse, parent,
    or child, resides with the actor, or is under the actor's care
    .

    Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
    Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
    1994.
    I don't believe any of those applied to the actor ( shooter )


    he gives PRO-GUN carriers a bad name and gives the antis ammo

    he was a trigger happy fool ( to say the least )

  4. #13
    I don't believe any of those applied to the actor ( shooter )
    We don't know all the details. All I am pointing out is there is a law in Texas for protecting someone elses property. The legal system will sort it out instead of a bunch forum lawyers.

  5. #14
    They were shot on his property and they were carrying crowbars. It is a legal defense.

    Tarzan
    1 Timothy 5:8

    "But if any aprovide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel."

  6. #15
    Even in the most justified of shootings it would be best to keep your mouth shut untill you have a chance to talk to an attorney. Once you start talking and the press gets a hold of it there is no telling where it will go from there. You shure don't want to be shooting off your mouth on the phone to a 911 operator that is recording your call.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  7. #16
    Quote Originally Posted by HK4U View Post
    Even in the most justified of shootings it would be best to keep your mouth shut untill you have a chance to talk to an attorney. Once you start talking and the press gets a hold of it there is no telling where it will go from there. You shure don't want to be shooting off your mouth on the phone to a 911 operator that is recording your call.
    Well said.

    BANG! BANG! BANG!

    I feared for my life.

    I stopped the threat.

    My lawyer will answer all other questions.



    Tarzan
    1 Timothy 5:8

    "But if any aprovide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel."

  8. #17
    I wish him the best, hope he gets off scott free.
    Karl. American by birth, Southern by the grace of God. :)

  9. #18

    When to shoot?

    Quote Originally Posted by Wingman66 View Post
    I don't know folks, the law varies from state to state so we'll see what the state of TX has to say. Just because something is legal doesn't mean its right. I don't know about you all, but I carry to keep a attacker from killing me. If a man walks up with a knife and tells me give me all your money then fine he can have it. I don't see the need to shoot a man over 50 bucks which is about all the cash I carry. Now, if he says I'm fixing to kill you and take your money, or even hint he is going to hurt me, then I will unload and sleep like a baby that night. Its really sad that there are those out there that would rather steal than work. I understand that and hate a freaking thief worse than anything, but for real now that is what we pay insurance for. The law does a fairly good job at getting your things back and if not you'll be paid for them. I have always had the opinion that a man is his own worst enemy and Mr. Horn has a long road ahead of him as MagistratePO stated. I bet if you talk to Mr. Horn this time next year, he will say he wished he would have minded his own business, did his civil duty by calling the police, and told them which direction they left in.



    I used to think pretty much as you do but then I got to thinking. What if someone robs me and I don't shoot? What if I let him go and the next day, week or month the guy I let go kills someone for their money? I know there are a lot of what if's and each case is different but when the BG decides to pull a weapon of any kind on someone then being killed is the chance he takes. Non the less the decission to pull the trigger on anyone is not something to take lightly.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  10. Needless to say they will not do it again. The problem with most crimes is when they are gotten away with , the next one will esclate. I don't know how much inssurance youall carry but in florida your lucky to have any. My home is insured by gun power are us.

  11. #20
    Quote Originally Posted by Wingman66 View Post
    I don't know folks, the law varies from state to state so we'll see what the state of TX has to say. Just because something is legal doesn't mean its right. I don't know about you all, but I carry to keep a attacker from killing me. If a man walks up with a knife and tells me give me all your money then fine he can have it. I don't see the need to shoot a man over 50 bucks which is about all the cash I carry. Now, if he says I'm fixing to kill you and take your money, or even hint he is going to hurt me, then I will unload and sleep like a baby that night. Its really sad that there are those out there that would rather steal than work. I understand that and hate a freaking thief worse than anything, but for real now that is what we pay insurance for. The law does a fairly good job at getting your things back and if not you'll be paid for them. I have always had the opinion that a man is his own worst enemy and Mr. Horn has a long road ahead of him as MagistratePO stated. I bet if you talk to Mr. Horn this time next year, he will say he wished he would have minded his own business, did his civil duty by calling the police, and told them which direction they left in.
    It seems to me that a man with a knife DOES have the intent to hurt you. Just the difference in 2 opinions, but I'd take any sort of armed threat to me as what it is...an armed threat. A threat that will draw a deadly reaction on my part.
    Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown

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