Text 48344, 98 rader
Skriven 2007-02-20 10:14:13 av Roy Witt (1:397/22)
  Kommentar till text 48329 av Matt Bedynek (1:106/1)
Ärende: Real News in the Snooze
===============================
20 Feb 07 01:37, Matt Bedynek wrote to Roy Witt:

 MB> I highly encourage you to read the laws or ask the DA (even some cops
 MB> get it wrong).  There is a section in the law that discusses the use
 MB> of deadly force.  The CHL Handbook has the relevant portions that
 MB> even apply to all situations (not just for those who have a CHL).

 MB> See sections 9.22, 9.31 and 9.32.

See 9.41 and 9.42

9.41 speaks of protection of property under threat and refers to 9.42 for
the use of deadly force.

9.42 speaks to the use of deadly force.

 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;  and
       (2)  when and to the degree he reasonably believes the deadly force
       is immediately necessary:
       (A)  to prevent the other's imminent commission of arson, burglary,
       robbery, aggravated robbery, theft during the nighttime, or
       criminal mischief during the nighttime;  or
       (B)  to prevent the other who is fleeing immediately after
       committing burglary, robbery, aggravated robbery, or theft during
       the nighttime 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;  or
       (B)  the use of force other than deadly force to protect or recover
       the land or property would expose the actor or another to a
       substantial risk of death or serious bodily injury.

 1, eff. Jan. 1, 1974. Acts 1973, 63rd Leg., p. 883, ch. 399,  1.01, eff.
Sept. 1, 1994. Amended by Acts 1993, 73rd Leg., ch. 900,  Acts 1973, 63rd
Leg., p. 883, ch. 399,

 MB> Someone knocking at your door is not justification--even if that
 MB> person has threatened you in the past might not be adequate
 MB> justification.

Who said he'd be allowed to knock on the door?

 MB> Moreso, even an attempt at forced entry might leave you on
 MB> questionable grounds if they are unsucessful at gaining entry.
 MB> You will have to be able to prove that you were in reasonable fear of
 MB> your life or that of your family.

See above. You're talking gibberish without the law to back you.

 MB> For example, lets say that guy from Spring knocked on your door and
 MB> you killed him.  Assuming you escape criminal charges, his wife might
 MB> sue you and get up to testify that he came to apologize or resolve
 MB> whatever conflict.

See Texas HB 284. Since he said he wouldn't be able to make his visit
soon, after September 1, 2007, his family wouldn't be able to suit.

 MB>   In the eyes of a civil court, you might end up being liable. So,
 MB> unless you have unlimited funds, you might end up putting a morgage
 MB> on your house to cover the legal expenses in criminal and later civil
 MB> court.

See above.

 MB> I respect people's right to own and carry arms but I believe that
 MB> right has great responsibility.

You're talking about the responsibility to (CCW) carry arms in public.
This isn't going to be in public, it will be on my property, which I don't
need a carry permit to protect.

 MB> People who act irresponsibly might ultimately result in us all losing
 MB> that right.

That's what the anti-gunners said when Florida and Texas passed CCW
permit laws. It never happened. What the permit does is make someone who
is concerned with their own safety, study the law, pass a state mandated
test on the responsibility of carry a firearm and when to use it, before
they're issued a CCW. The same was true in California, where I posssessed
a CCW. In California, that test is much harder than Texas' test.

 MB> And, to be honest, you don't sound responsible right now.

You might want to go to the linen closet and pull out a clean towel. Try
using it to wipe some of that moisture from behind your ears.

               R\%/itt




--- Twit(t) Filter v2.1 (C) 2000
 * Origin: SATX Alamo Area Net * South * Texas, USA * (1:397/22)