Page 5 of 8 FirstFirst ... 34567 ... LastLast
Results 41 to 50 of 74

Thread: Texas boy, 7, dies after shot in mistaken trespass

  1. #41
    ΜΟΛΩΝ ΛΑΒΕ!
    stevenb's Avatar
    Join Date
    Dec 2007
    Location
    Gilbert, Az
    Last Seen
    11-28-09 @ 08:32 PM
    Gender
    Lean
    Libertarian
    Posts
    1,560

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    Actually, my point was that under TX law, you can use deadly force in certain instances where your life is not directly threatened -- you can use it in defense of your property, the property of a third person, and to keep perpretrators from leaving the scene of a crime.
    Ah, I was confuzzled.
    George Washington didn't use his freedom of speech to win the war with Britain... He shot them.

  2. #42
    Banned
    Join Date
    Sep 2005
    Location
    Los Angeles
    Last Seen
    09-22-10 @ 04:36 AM
    Gender
    Lean
    Independent
    Posts
    11,430

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Hatuey View Post
    Hmmm...so rights CAN be abused....interesting.
    Uh....duh! That doesn't mean everyone else's rights should be curtailed. It means the rednecks committed a crime. The right is to keep and bear arms. It doesn't grant the authority to shoot seven year olds.

  3. #43
    Banned
    Join Date
    Sep 2005
    Location
    Los Angeles
    Last Seen
    09-22-10 @ 04:36 AM
    Gender
    Lean
    Independent
    Posts
    11,430

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    Beats me. All I said was that in TX, you may kill in self-sefense to protect property (even of a third person) absent a direct threat to your life.
    Not according to section 9.33 that you yourself posted. You could try reading that section of code again. What it doesn't mean is hat a third person can shoot willy nilly to protect third party property.

  4. #44
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    Uh....duh! That doesn't mean everyone else's rights should be curtailed.
    Never mind that no one has ever argued that rights cannot be abused.

  5. #45
    King Of The Dog Pound
    Black Dog's Avatar
    Join Date
    Dec 2008
    Location
    South Florida
    Last Seen
    @
    Gender
    Lean
    Centrist
    Posts
    34,492

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Hatuey View Post
    Hmmm...so rights CAN be abused....interesting.
    You know those evil conservatives always denying that rights can be abused.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  6. #46
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    Not according to section 9.33 that you yourself posted. You could try reading that section of code again. What it doesn't mean is hat a third person can shoot willy nilly to protect third party property.
    9.33 notes that you can ise deadly force to protect a third person or the property of a third person in all of the circumstances that you can use it do defend yourself or your property.

    In that, you do NOT have to be directly threatened with bodily harm to use that deadly force.

  7. #47
    Banned
    Join Date
    Sep 2005
    Location
    Los Angeles
    Last Seen
    09-22-10 @ 04:36 AM
    Gender
    Lean
    Independent
    Posts
    11,430

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    Not in TX.
    yes in Texas.

    Someone posted this...(you):

    (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

    (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.

    Again....who was the seven year old threatening and how?

  8. #48
    King Of The Dog Pound
    Black Dog's Avatar
    Join Date
    Dec 2008
    Location
    South Florida
    Last Seen
    @
    Gender
    Lean
    Centrist
    Posts
    34,492

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    9.33 notes that you can ise deadly force to protect a third person or the property of a third person in all of the circumstances that you can use it do defend yourself or your property.

    In that, you do NOT have to be directly threatened with bodily harm to use that deadly force.
    Florida's law is very similar in that you do not have to retreat under any circumstance from your car, home or place of business, period.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  9. #49
    Banned
    Join Date
    Sep 2005
    Location
    Los Angeles
    Last Seen
    09-22-10 @ 04:36 AM
    Gender
    Lean
    Independent
    Posts
    11,430

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    Actually, my point was that under TX law, you can use deadly force in certain instances where your life is not directly threatened -- you can use it in defense of your property, the property of a third person, and to keep perpretrators from leaving the scene of a crime.
    Their property wasn't harmed.

    There was no third person under threat.

    And no crime was being committed requiring deadly force.

    If they have a road in the back of their property, they need to determine if an easement's been established, and if it has been, they can't legally prohibit it's use. If it hasn't been established, they need to physically block access to prevent the creation of an easement.

    What they can't do is shoot seven year olds under any circumstances that don't involve the child's possession of a firearm or grenade that presents an immediate threat to them.

  10. #50
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    Again....who was the seven year old threatening and how?
    You are confused.
    I am not arguing that shooting the child was legal; I -was- arguing that, in TX, you do not need to be threatened with bodily harm before you you can use deadly force to protct yorself, your property, someone else, or the property of someone else.

Page 5 of 8 FirstFirst ... 34567 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •