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Old September 26, 2005, 11:04 PM   #78
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 18,259
aspen1964,

The TX law is just about as close to what you describe as "ideal" as I've ever heard of. It is complicated though--but so are most laws.

Doug,
Quote:
Originally Posted by Doug.38PR
What I am saying, is that you have the right to STOP someone from stealing or damaging your property with deadly force if NO OTHER OPTIONS are available.
That's getting closer, but that is still not sufficient under the TX law. A simple theft, even a felony theft is not sufficient justification for use of deadly force, nor is property damage--not even if deadly force is the only reasonable way to recover/preserve the property. I've tried to restate the law in the past, and managed to do so with reasonable clarity, but it takes a page and a half or so to line it out. Best to just read it through several times until you get the gist. You can't shoot someone for simply stealing or damaging property, it's far more complicated than that. What I'm getting at is that non-violent theft is insufficient justification (unless it takes place at night) if you read the law. Also, only certain types of property damage crimes are justification. EVEN if the proper TYPE of crime has happened at the proper TIME, it's still not sufficient justification. There are still several other requirements that must be satisfied before you can use deadly force. (Immediate necessity, no other reasonable method, force, as opposed to deadly force, justifed under 9.41, etc.)

tsavo,
Quote:
Originally Posted by tsavo
Then when I give a scenario you all say that it can't be done
I posted the entire law of my state relating to your objection. You obviously didn't read them at all--not terribly surprising since you said as much
Quote:
Originally Posted by tsavo
I don't care what the law says...
so it's not surprising that your "scenario" bore no resemblance to the type of scenario described in the law. And consequently you received decidedly negative responses which you incorrectly interpreted as "backpedaling".
Quote:
Originally Posted by tsavo
You walk up to the drivers side and put a gun to the thiefs head and blow his brains out all over the passenger seat. You used deadly force to prevent a felony, and you're telling me that you think that you're gonna walk away from this?
Another ridiculous scenario that proves nothing but does make it abundantly clear that you either haven't read or haven't understood about 90% of what's been posted on this thread.
Quote:
Originally Posted by tsavo
So therefore, you must say yes to this question based on what you just said.
Let me ask you a question. Why should anyone should carefully read and logically respond to your posts when it's painfully obvious that you either aren't reading or can't understand what others have posted and that you are either not bothering to take the time to construct a coherent argument or are unable to?
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Last edited by JohnKSa; September 27, 2005 at 09:59 PM.
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