Without knowing exactly what prompted the owner to open fire, I can only say that while I strongly support the Castle Doctrine, I personally would have made damn sure I knew what I was shooting at if it wasn't shooting first.
The Castle Doctrine is not a license to obliterate just anyone who comes onto your property and these people give Texas a bad rep.
The Castle Doctrine is in place to protect the citizen from liberal gun-controllers. Abusing the Doctrine is the surest and fastest way to loose your 2nd Amendment.
Last edited by Jerry; 05-12-09 at 11:40 AM.
These 2 refugees from the movie "Deliverance" are going to have a tough time in prison. a lot of brothers who will take exception to the flag flying over their shack and there will probably be no drugs available to dull the pain...
Oracle of Utah
Truth rings hollow in empty heads.
I've been telling you this, but you continue to fail to understand. Up until this time I've been willing to believe that said failure to understand was unintentional, but after this, it will clearly be willful ignorance on your part.
PENAL CODE** CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITYSec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Deadly force may be used in the defense of property -- thus, a person using deadly force need not be "under threat or attack" to his person in order to legally use that deadly force.
And what does TX law have to say abut that?Simply trespassing doesn't even come close to being relevant
Looks like you are wrong, yet again.SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.