Topic: 7-Year-old Boy Dies in Trespass Shooting
yellowrose10's photo
Mon 05/11/09 02:42 PM
IF I read correctly (and I'm usually right...kidding) then deadly force is only as a last reort or when there is nothing else to do. been wrong before though

Fanta46's photo
Mon 05/11/09 02:43 PM
BANG!!!!

He was just taking a leak?

Damn officer, I thought he was stealing my Azalea bushes.

laugh laugh laugh laugh laugh

yellowrose10's photo
Mon 05/11/09 02:45 PM
fanta....deadly force IMO doesn't even apply in this case. even if they were on his property...the laws of deadly force doesn't seem to apply IMO. BUT...and i stress BUT....the family wasn't on private property anyway

Fanta46's photo
Mon 05/11/09 02:46 PM
slaphead surprised slaphead rofl

adj4u's photo
Mon 05/11/09 02:46 PM
Edited by adj4u on Mon 05/11/09 02:48 PM

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.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.



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





Sec. 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.



those are the laws in Texas. the way I read it is it can be used more of a last resort. you can't just open fire on a door to door salesman


"""reasonably believes the deadly force is immediately necessary:"""

lets have some sense here

some are acting as bad as those that pulled the trigger

when it comes to understanding the law in question

yellowrose10's photo
Mon 05/11/09 02:48 PM
maybe we should make a law about damn tarheels biggrin

Zapchaser's photo
Mon 05/11/09 02:50 PM

fanta....deadly force IMO doesn't even apply in this case. even if they were on his property...the laws of deadly force doesn't seem to apply IMO. BUT...and i stress BUT....the family wasn't on private property anyway

You can say that until the cows come home but there are those who are simply argumentative. The body of the argument is irrelevant and they will segue into anything that gets their jollies. :banana:

adj4u's photo
Mon 05/11/09 02:51 PM


fanta....deadly force IMO doesn't even apply in this case. even if they were on his property...the laws of deadly force doesn't seem to apply IMO. BUT...and i stress BUT....the family wasn't on private property anyway

You can say that until the cows come home but there are those who are simply argumentative. The body of the argument is irrelevant and they will segue into anything that gets their jollies. :banana:


drinker drinker

yellowrose10's photo
Mon 05/11/09 02:52 PM
grumble I want jollies too...i never get jollies...stupid tarheels

Fanta46's photo
Mon 05/11/09 02:53 PM

maybe we should make a law about damn tarheels biggrin


We dont shoot people for coming on our land.
We dont shoot people unless our life is in danger.
We use deadly force only to the degree necessary.

yellowrose10's photo
Mon 05/11/09 02:54 PM


maybe we should make a law about damn tarheels biggrin


We dont shoot people for coming on our land.
We dont shoot people unless our life is in danger.
We use deadly force only to the degree necessary.


the way I read the laws...we can't either.

adj4u's photo
Mon 05/11/09 02:57 PM


maybe we should make a law about damn tarheels biggrin


We dont shoot people for coming on our land.
We dont shoot people unless our life is in danger.
We use deadly force only to the degree necessary.


so you don't know many moonshiners do ya

oh yea a lot changed to pot

but yes there are those that will shoot you for trespassing in north carolina as well

Zapchaser's photo
Mon 05/11/09 02:57 PM


maybe we should make a law about damn tarheels biggrin


We dont shoot people for coming on our land.
We dont shoot people unless our life is in danger.
We use deadly force only to the degree necessary.

http://www.clrsearch.com/RSS/Demographics/NC/Henderson/Crime_Statistics
huh Apparently there are lots of people in danger in your neck of the woods.

Zapchaser's photo
Mon 05/11/09 02:58 PM



maybe we should make a law about damn tarheels biggrin


We dont shoot people for coming on our land.
We dont shoot people unless our life is in danger.
We use deadly force only to the degree necessary.


so you don't know many moonshiners do ya

oh yea a lot changed to pot

but yes there are those that will shoot you for trespassing in north carolina as well


http://www.clrsearch.com/RSS/Demographics/NC/Henderson/Crime_Statistics

yellowrose10's photo
Mon 05/11/09 02:58 PM
Edited by yellowrose10 on Mon 05/11/09 02:58 PM
ok...think about the gang violence....that is all over. people that want to shoot will do so regardless of law. but they can face the consequences of their actions

Zapchaser's photo
Mon 05/11/09 03:00 PM
Rose colored glasses?:wink: I find it funny when screams "you're more backwoods than me!" laugh laugh laugh laugh blushing

Fanta46's photo
Mon 05/11/09 03:02 PM
Evidently you either didnt read the article or you just fail to acknowledge.

The couple thought the family was on their property.
They thought they were within their legal right.

They thought this because, like you said when making the point several times in the past, Texas says they can!

Either it is or it aint Rose.
Which is it?

yellowrose10's photo
Mon 05/11/09 03:03 PM
pfft....i know i'm a redneck laugh and darn tootin proud of it laugh

but no state is immune to violence or stupidity

Zapchaser's photo
Mon 05/11/09 03:03 PM
In defense of Hendersonville, it is VERY beautiful. I lived near there for six years and aside from the ungodly high humidity it was great. drinker

no photo
Mon 05/11/09 03:04 PM
Edited by quiet_2008 on Mon 05/11/09 03:05 PM
You can say that until the cows come home but there are those who are simply argumentative. The body of the argument is irrelevant and they will segue into anything that gets their jollies.


AHAAAAAA!!

THAT is the truest thing I've heard on here

arguing just for the sake of arguing