A private person cannot be expected to use the same escalation of force mostly because a private person cannot even buy things like tear gas at all. For home defense I would love to have a paint-ball gun loaded with pepper-ball, but only law-enforcement agencies can get that. I can't.
Can't we just turn Congress off and then turn it back on again?
You never specified what kind of property, who it belongs to, or what previous non-lethal force steps had been taken by the military leading up to the use of lethal force.
A National Guard unit using lethal force is like a nation using Nukes. It's the absolute last resort, but never off the table.
§ 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
(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.
"A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt
Keep your religion out of other people's marriages.
And since I havent heard of any cases like you described, hopefully it is/would be a rarity. People can do that with a lot of laws, but generally dont. Forensics are pretty good these days....it would require perfect staging.