Re: OT - Defending Home with Gun and Legal Use

On Mon, 07 May 2007 00:39:07 GMT, Bill Vanek <bilvanek@xxxxxxxxxxxxx> wrote:

On Sun, 06 May 07 17:58:13 GMT, 2out3aintbad <43087147@xxxxxxxxxxxx>
wrote:

On May 6 2007 3:58 AM, Gary Carson wrote:

Your statement is not exactly true.

Gee, which part? The pizza thing or the ass-raping situation?

The whole thing. You cannot shoot someone to protect property. In
fact, I believe the precedent arose from a case in Texas.

The question isn't whether you can shoot someone to defend property, it
is whether you'll be indicted for it, and if indicted, whether you'll be
convicted. Obviously, you can shoot someone to protect property.
The question is what happens if you do.

You are considerably less likely to be convicted if the local mores favor
such aggressive property defense.

http://recenter.tamu.edu/pdf/1057.pdf

While the legal battles rage in the
courts and congress, the language
of the Fifth Amendment raises
another question. How much force
can an individual use to protect
private property from being taken
by others?

Recent events in Houston illustrate
the point. In one case, a
homeowner shot and killed an
intruder pounding on the back door
during the night. Later, the facts
revealed that the intruder was, in
fact, seeking help. In another instance,
a homeowner shot and killed
a truck driver who was towing away
the homeowner?s car at night. Later,
the facts revealed that the driver was
repossessing the homeowner?s car
because of delinquent payments.

In neither case were charges
brought against the homeowners.
Each instance focuses on the
amount of legal force that can be
used to protect private property.
Texas statutes are somewhat controversial
because they view the circumstances
through the eyes of the
property owner (actor).
.

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