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Joined: Aug 2005
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Originally Posted By: King Brown
You're not implying that I wouldn't know when my life was at risk, surely. I said I believe in killing in self-defence. I wouldn't kill someone taking my shotgun, TV set or wallet etc where my life was not at risk. To me it's bad karma and not worth the consequent opprobrium and legal hassles it would concur.


No, Sir. Not at all. I was pointing out that the wording of your initial post made it sound like YOU were implying that the Marine in the story didn't know when HIS life was in danger. "Regarding the Florida story, there's nothing in my wallet worth my life or anyone else's" implies that the Marine killed the robbers over what was in his wallet, not in defense of his life. You have since clarified your position to indicate that you don't mean that, but a very large number of posters here read your words and concluded that you did. I was merely pointing out why they (we) reached that conclusion - your choice of words. Now that you have clarified your position there should be no more confusion about what you meant. Thanks!

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[quote=fnb25 and as far as i know it's not legal anywhere to kill in defence of property (there may be exceptions but no place i've ever lived) [/quote]


Oddly enough, just today I heard a conversation between two friends, one of whom is a retired military lawyer (and was a prosecutor at Nuremberg), that seemed to indicate that laws have changed to allow deadly force in defense of property (???).

One of my friends had some property stolen from his farm. He filed a report with the Sheriff, who came out and investigated. During this time the friend of mine allowed that he wished he would have caught the thieves and shot them but it wouldn't be worth going to prison. The Sheriff responded that laws involving defense of property have changed, and he would not have gone to prison. As he was telling this story to the retired military lawyer, the lawyer nodded his head in agreement, and said something to the effect that yes, it was a good thing that the Supreme Court had ruled that you have the right to defend your property, and he indicated that the Sheriff was correct. Now to be honest, this lawyer is in his 90s and doesn't hear very well, but I got the distinct impression he was on top of everything being said.

I stayed out of the conversation, because I found it hard to believe. I have heard of no such changes, but I'd love to know if anyone here has heard of this??

Last edited by vh20; 08/08/08 12:13 AM.
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Its legal in Texas and Colorado.The new law passed in Texas makes your car/truck the same as your home for defence of property and deadly force

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I believe it has been that way in Texas for a long time. I remember reading a newpaper article several years ago about a thief burglarizing a car parked in the driveway of a residence in Houston. The homeowner leaned out the window, shot and killed the thief. He was within his rights according to the police and prosecutor.


Best,

Mike



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Mike it has always been that way at night but not durning the day and your auto was not concidered part of your cassle like it is now.The bid change is you don't need a CCW to carry protection in your car. You now have all the rights of at home while traveling around.

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i was not aware of that here in TX but i'm glad it is that way. when i lived in CA (up in the valley) back in the 80's, my recollection is that even if your home were invaded the law required you to leave the premises if at all possible. deadly force was only legally justified if you had no means of escape at all and felt your life in imminent danger.

personally, i feel that anyone who accosts me in any way with intent to do harm to my person, my loved ones or my property has voided all warranties on his life and i won't feel bad about anything that subsequently happens to him.

roger

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