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Old August 15, 2009, 03:59 PM   #1
kay_gee
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almost bike theft

kind of new to this forum so not many know that im a motorcycle racer in track of course,anywho last night as my and my brother were comming home from the movies we noticed our bike in the middle of the street immediately got out of the car he went inside his house got his shotgun i pulled out my CCW and we searched the backyard where our bikes are normally parked,and as we head to the front we see a older green chevy silverado turn its lights on and 2 guys stand up in the back..they were comming around to steal our bike and what upsets me most is that our backyard is not visible from the street theses low lives have gone to my backyard before and said this is the bike we want and unlock my gate and push it all the way to the street leave it alone to see if anyone would come check,mind you it was 3:50AM im not to sure how i should have reacted if they would have stopped to take it and we were outside...
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Old August 15, 2009, 04:12 PM   #2
Brian Pfleuger
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I certainly hope you wouldn't shoot someone for stealing a bike. Get a plate number if possible and call 911.

Use the guns for saving PEOPLE, not property.
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Old August 15, 2009, 04:25 PM   #3
chris in va
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Peetza...check his location. They're allowed to do that.
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Old August 15, 2009, 04:31 PM   #4
vsgonzo
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IN TEXAS IM PRETTY SURE YOU CAN GUN SOMEONE DOWN IN THE BACK WHILE RUNNING AWAY ON YOUR PROPERTY.

dang caps locks.

Steal in front of a Texan and you may end up with dead
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Old August 15, 2009, 04:34 PM   #5
Brian Pfleuger
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Quote:
IN TEXAS IM PRETTY SURE YOU CAN GUN SOMEONE DOWN IN THE BACK WHILE RUNNING AWAY ON YOUR PROPERTY.

I'd sure like to see the applicable section of Texas penal code to justify that remark....
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Old August 15, 2009, 04:51 PM   #6
kay_gee
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well lets see its 4 oclock in the morning what the hell are you doing in my backyard and why the hell is my motorcycle in the middle of my street...your trespassing on my property...
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Old August 15, 2009, 04:55 PM   #7
scottaschultz
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Quote:
well lets see its 4 oclock in the morning...
And what kind of movie lets out at 4:00 in the morning???

Scott
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Old August 15, 2009, 05:00 PM   #8
jakeg823
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same in mississippi!

obviously it was planned out and had been checked out. i would have done the same thing...your property, your bike(just like them stealing your car you have the right to protect it). at almost 4 in the morning i assume anyone trying to steal my property is armed! granted i wouldnt shoot, immediately, but if i saw even a hint of an attempt to come at me or my property, they'd be down.

not sure what kind of bike you have, but i have a '08 kawi ninja zx6r(my baby), a '97 HD Fatboy(was my dad's) and a '06 HD Sportster 1200 Custom(my graduation present from my dad). I don't think i would shoot someone over my ninja, but my harleys have too much sentimental value, i dont even let anyone outside of immediate family even ride them, and not too fond of even friends sitting on them.
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Old August 15, 2009, 05:07 PM   #9
kay_gee
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well we went to go watch district 9 it started at 12:50 and by the time we got home i was staring at my motorcycle in the middle of the road at 3:50
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Old August 15, 2009, 05:12 PM   #10
kay_gee
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well see thats the thing they tried to steal my motorcycle 07 1000rr ...bikes also in the back are 01 honda 929 and a 03 cbr 600rr


they have broken into my family car 3 times you cant have anything nice cause idiot thieves want to take it who cant work for there own stuff...its not what its worth its the fact that they are trespassing and they are trying to steal property when thieves go to rob a store they pull a gun out clerk starts shooting...its the fact that they are taking something that is not theres and if caught they will be right back for more stuff who knows they might even want to break down the door and attempt to come in..
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Old August 15, 2009, 05:18 PM   #11
TurkeyHunter4ever
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To justify using your CCW in Idaho there must be imminent danger of losing life OR limb (not the way it's written - I'm paraphrasing). Our CCW instructor was quite emphatic that loss of property does NOT justify using your CCW legally. One guy up in Coeur d'Alene recently lost his property (a sizeable amount of acreage) because he pointed (just pointed) a gun at trespassers.

HOWEVER - inside our homes is a different story. We are pretty much protected by law if we "off" an intruder.
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Old August 15, 2009, 05:26 PM   #12
TurkeyHunter4ever
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Oh....and as for gunning them down as they are running away? The law here is very clear that once the bad guy turns to flee - the threat has ended.

ALSO - I don't recall ever seeing John Wayne or The Lone Ranger EVER shoot anybody in the back...
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Old August 15, 2009, 05:52 PM   #13
orionengnr
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Quote:
I certainly hope you wouldn't shoot someone for stealing a bike.
I wouldn't shoot them for standing up in a truck and driving off. That is circumstantial evidence. If my bike was in the truck, whole different story. I live in Texas, I have had my CHL a while and I'm well-versed in Texas law.

To wit:
PC 9.42 Deadly Force to Protect Property. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41

(I can type that one out, too, if need be. It basically states that the BG must be taking something that does not belong to him); and

(2) when and to the degree he reasonably believes the deadly force to be immediately necessary:
(A) to prevent the other's imminent commision of arson, burglary, robbery, aggravated robery, theft during the night-time from escaping with the property, and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means, and
(B) the use of force other than deadly force would expose the actor or another to a substantial risk or death or serious bodily injury.

In other words, theft at night and fleeing, if you have a reasonable belief that there may be no other way to retrieve your property, you have a defense to prosecution, and it is very likely you will not be charged in the first place.

The Joe Horn case was right on the edge, but he prevailed. Several others have made (or not made) the news in the last two years. Each time, the homeowner/business owner has prevailed, usually not even charged.

Not sure I'd go that far, but this ain't New Yawk. Texas law is based loosely on old-time law, where stealing a man's property (horse) could leave him in dire straights, perhaps unable to survive. If you want to B&E or commit theft/burglary/robbery (and yes, I know the definition of each), especially after dark, you are taking a calculated risk.

As it should be...

The key is to know the law and remain within it.

Oh, and OP...get a few cable and disc locks. Make it a little tougher for the thieves.

Last edited by orionengnr; August 15, 2009 at 05:59 PM.
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Old August 15, 2009, 07:14 PM   #14
kay_gee
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thanks all for your posts unfortunately my bike does not have gps and besides if your going to steal something what thieve doesnt carry a weapon on them
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Old August 15, 2009, 08:46 PM   #15
Brian Pfleuger
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ยง 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when
and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and
:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.



I don't see how a situation such as this constitutes "force, threat or fraud" but regardless of whether or not the law could justify such an action, I hope you wouldn't shoot someone for stealing a bike.
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Old August 15, 2009, 08:48 PM   #16
pacerdude
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kay gee, glad they didnt get your bike. I understand your frustration, and am glad everything worked out for the best.
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Old August 15, 2009, 09:01 PM   #17
TEDDY
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shooting

PEETZA:you live in a different culture.I am from Mass and you from NY.here you can shoot any where you are entitaled to be.and trespasing is assumed to be up to no good.do you really want to keep on losing property to no goods.they never reform.no one comes on my property except to visit me.
my sign says it all danger private property.a lot of people fire a gun in the evening to signal the perps to stay away.
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Old August 15, 2009, 10:07 PM   #18
onthejon55
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Dnt listen to the people on here who arent from your state or dont have any understanding of you laws. If it is legal to shoot someone who is stealing from you then you make the call and dnt let anyone else tell you that you made a mistake.
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Old August 15, 2009, 10:56 PM   #19
jakeg823
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i would never shoot someone just for stealing, unless it was one of my harleys, then he'd be SOL...i would certainly make him aware of my weapon, and instruct him to get on the ground, give up weapons, etc, if he decided to flee, assuming i got a good look at him, i have an excellent memory for faces, and would certainly TRY to get plate #s, call cops, etc. the only time i would shoot would be if they were in my home, stealing my bikes and/or giving me reason to fear for my life/my family's lives. But in my view, if you are in my home, especially after dark, i will assume you mean me, or my family, bodily harm, and mississippi is very much like texas in its legal view on these matters.
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Old August 16, 2009, 12:36 AM   #20
Capt Charlie
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Good grief! There are so many reasons to close this one... where do I start?

First and foremost, the issue isn't whether or not you could shoot, rather should you? The question is, is property worth a human life?

Yeah, I know, and that argument goes on forever. There are times when it's necessary, but we here at TFL hold that lethal force is the Final Option. It's called responsible firearms ownership. All I see here is someone turkey strutting and dying to shoot someone over righteous indignation. That ain't gonna cut it here, folks. Don't like it? There are plenty of forums on the Web that subscribe to the philosophy, "Shoot 'em all; let God sort 'em out". TFL most definitely isn't one of them. Feel free to leave here and go there.

I, for one, am sick and tired of reading posts from people here that flippantly treat the taking of a human life as some sort of game. Here at TFL, it is, and will remain, the most serious of issues.

Then there's rule #4:

Quote:
4) Mangling of the English language whether thru ignorance, age, sloth or intent diminishes and embarrasses each of us. Posts which are indecipherable due to inability to translate thoughts into coherent written statements will be deleted without explanation. Recidivists will be removed.
It's self explanatory, and it means what it says. Heed the warning.

As Rich used to say, "Stick a fork in this one; it's done".

Closed.
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