jburtonpdx,
Quote:
Sounds very subjective to me. I wonder what direction case law has taken this?
I mean does insurance paying you back for the tv count as "recovered by other means"?
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Nope. “Recovered by any other means” means recovering the specific item being stolen,
not insurance paying you for the item. My own
personal opinion (supported by my
personal research) is that it also doesn’t include the police recovering the property at some later date. In other words,
to me personally, the law means recovering the property right then and there by some means other than force.
That’s the legal side of things here in Texas. Obviously everybody has a different view of how they would personally choose to act under that law. For myself, your damn right, I would use deadly force to stop a thief taking off with my property. It’s the principle of the thing.