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Old October 21, 2009, 07:48 AM   #72
OuTcAsT
Senior Member
 
Join Date: January 8, 2006
Location: Eastern, TN
Posts: 1,236
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Outcast, as far as where would the weapon come from, not sure why you are confused.
Because of the contradictory statements;

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If I weren't carrying, and I saw somebody trying to break into my truck, I'd confront him.
But a moment later;

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His reaction to being caught would determine what happened next.

Would I shoot him for breaking into the truck? No. Would I even draw on him for breaking into the truck? No. He'd only find out about the weapon if he chose to escalate things, instead of departing.
Clearer now?

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If I see somebody attempting to break into my vehicle, or perhaps take a horse from the pasture, I am fully within my rights to physically separate him from my property. I may not be justified in using a weapon, but I will not break any laws if I lay hands on him, assuming he has not desisted in his criminal behavior. In many states, I'd be fully legally justified in physically ejecting him from my property, or separating him from my vehicle, using less than lethal means.
No doubt, you are correct. I however, own nothing that I would take such a risk for, I don't attach myself to inanimate objects, I have insurance that will replace those things, as for animals, same thing, they are just property and, replaceable ( though I recognize that some folk attach sentimental value to some pets)

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If the guy decides not to leave, and reaches for a weapon, or has friends come out of hiding - creating discrepancy of force, then SD law does come into play on my behalf.
My point being, If you are not there, then the discrepancy does not exist.

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then we are simply going to disagree on the matter.
Fair enough, just different philosophies on the matter.

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The person violating my car also has the option of doing so. Were he to decide to add assault to his list of crimes, and I could not walk away, then my personal safety would be in danger. Force may be justified.

Have I used force to defend my property?
Yup, because;

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If things get hinky, I have (and should likely take) the option of walking away.
IMO anything else is;

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a vigilante
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He did so with the intention of dishing out "justice,"
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Last edited by OuTcAsT; October 21, 2009 at 08:03 AM.
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