Thread: Truck Stolen
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Old March 31, 2011, 01:00 PM   #36
Join Date: June 8, 2008
Posts: 3,469
But if the guy is caught in the act, you can bet the gun is coming out in preparation for some type of confrontation.
Likely result: arrest, conviction, and imprisonment of the person who drew the gun.

Incidents such as these have been appealed all the way to state supreme courts, and the answer is always the same: one may not threaten deadly force to protect tangible, moveable property.

There is one exception: one may do so to stop a thief in Texas at night if there is no other way, or to prevent the taking of property immediately after a burglary or robbery at any time of day, again if there is no other way.

So--is it smart to try that in Texas? Suppose there is a 97% chance that the actor would prevail in court--that he could demonstrate necessity. That means there is a 3% chance that he will lose everything--his fortune, his freedom, his record, and his gun rights. Not a good risk, methinks.
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