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

  1. #61
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Blackdog View Post
    You know those evil conservatives always denying that rights can be abused.
    Why do they do that?
    Affiant further sayeth not.

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

    Quote Originally Posted by Indy View Post
    I'm not really interested in going through the whole law but the part you quoted doesn't seem to mention property. It looks like self defense or the defense of another person, nothing about property. Maybe I missed it?
    It is mentioned in the referenced sections of TX law.

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

    Quote Originally Posted by American View Post
    So if they looked like Ward and June Cleaver, it'd be okay right? The law doesn't judge people by their looks.
    Juries do.....
    Oracle of Utah
    Truth rings hollow in empty heads.

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

    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 01:40 PM.

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

    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
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  6. #66
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Jerry View Post
    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 a legal justification of self defense. As such, it applies only if the defender is under threat or attack. Simply trespassing doesn't even come close to being relevant.

  7. #67
    Banned Goobieman's Avatar
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by WillRockwell View Post
    The Castle Doctrine is a legal justification of self defense. As such, it applies only if the defender is under threat or attack.
    You're wrong.
    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.

    Sec. 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.
    PENAL CODE** CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
    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.

    Simply trespassing doesn't even come close to being relevant
    And what does TX law have to say abut that?

    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.
    Looks like you are wrong, yet again.

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

    Quote Originally Posted by Goobieman View Post
    Looks like you are wrong, yet again.
    Except that the law uses the word "reasonably", and what those to rejects did doesn't fit any reasonable definition of reasonable.

    So the law doesn't cover their actions.

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

    Quote Originally Posted by Scarecrow Akhbar View Post
    Except that the law uses the word "reasonably", and what those to rejects did doesn't fit any reasonable definition of reasonable.
    So the law doesn't cover their actions.
    Aside from the fact that the defintion of "reasonable" falls not to you or anyone else here, but to the prosecutor, the judge(s) and, ultimately, the jury...

    At some point, you will realize that I haven't said anything that defends their actions.

  10. #70
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    Except that the law uses the word "reasonably", and what those to rejects did doesn't fit any reasonable definition of reasonable.

    So the law doesn't cover their actions.
    Reasonable is subjective especially in terms of law.
    Affiant further sayeth not.

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