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Quote by: Ruksak What I really like abou the Texas criminal code concerning property protection is as follows; It puts the homeowner/property owner in a position whereas they do not have to refer to their states criminal code law books to decide what to do. It is clear. |
Yes and if all force was allowed under the law homeowners wouldn't have look up criminal codes either. Just because a law is vague and works in your interest does not make it any less unjust.
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No, you shouldn't. According to Texas law, you cannot. The suspect must fit certain criteria first. Namely, he/she must be committing a crime to be legally shot. Killing the pizza delivery man or the mailman will land your ass in prison.
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But it's perfectly fine to gun down the kid clutching a roll of toilet paper who is guilty of criminal mischief in the night. Yes they have to be committing a crime a to be legally killed, but the fact is that the vast majority of the crimes associated with this law (such as the one I find particularly problematic) do not carry the death penalty when the individual is actually granted due process under the law. Fact is, people shouldn't be shot for petty crimes. A law stating otherwise is inherently unjust.
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For a homeowner to stop and consider every ramification other than "This crook is gonna steal my sh*t and get away with it" could be dangerous to the homeowner.
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No, someone stealing your shit is not dangerous to the homeowner. In the interest of this law, it refers to property. Until they directly enter (or attempt to enter) your home, or fire at it (providing that they even have a gun), they are of no direct threat to you nor have they demonstrated the intent to harm you.
So someone stealing shit out of your yard, while not preferable does not presuppose danger to your person. In fact, at the moment they are in your yard and have not done anything there is not yet any potential for danger. On the other hand confronting the person who you believe might be stealing your sh*t does put you in potential danger that might not have been there had you remained in your home.
In the interest of self-defense, if this really is your interest, it is simply idiotic to leave your home if you suspect someone intends to harm you and you see them in your yard. From your home you have a strategic advantage and leaving cover to go confront the individual is not in the best interest of protection, but in the interest of satiating ego.
Also, not considering other possibilities/ramifications before discharging your firearm puts everyone around you at risk. Are you really advocating only relying on instinct in a situation where someone may or may not be a threat in the middle of the night? Sure you have to think fast, but quick thinking and no thinking are not the same thing. I hope you never have a child try and sneak back into your house late at night.
Unfortunately (though I don't consider it so unfortunate) you must consider the ramifications of your actions should you decide to engage in them in this society. This does not just apply to firearm use, but every aspect of life.
Now on the flip side, should these same hypothetical individuals attempt to break into your house, I think all bets are off.