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re: Deadly force to protect property not legal in this state
Posted on 5/19/11 at 9:58 am to JudgeHolden
Posted on 5/19/11 at 9:58 am to JudgeHolden
You're right about the immunity though, which I meant to address further. The situation is frustrating.
So, (and this is for the reader) assuming your actions are proper, even though you are "immune", suit can still be filed, you will have to respond, either by Answer or Exception, (depending on how artfully the Petition is written). As much as anyone could predict, but assuming all facts are favorable, you should be able to obtain dismissal either by Exception or Summary Judgment. All of which cost money. I guess that's where 19(B) comes in, to dissuade frivilous or base less suits.
I would advise anyone involved in such a situation to contact the NRA, who may provide legal services as part of their Civil Rights Legal Defense Fund. Hereis a list of cases they have been involved in.
So, (and this is for the reader) assuming your actions are proper, even though you are "immune", suit can still be filed, you will have to respond, either by Answer or Exception, (depending on how artfully the Petition is written). As much as anyone could predict, but assuming all facts are favorable, you should be able to obtain dismissal either by Exception or Summary Judgment. All of which cost money. I guess that's where 19(B) comes in, to dissuade frivilous or base less suits.
I would advise anyone involved in such a situation to contact the NRA, who may provide legal services as part of their Civil Rights Legal Defense Fund. Hereis a list of cases they have been involved in.
Posted on 5/19/11 at 10:53 am to USMCTiger03
I think that a person's view on self defense and the need to be armed can depend a lot on where you live. Growing up in a rural area where on a good day it would take law enforcement at least twenty minutes to get to my house, we kept a pistol in our home where we could access it easily. As a child I was taught to use and respect guns at a very early age. It was a necessity of life.
Now that I live in an urban area, the only guns I have are for hunting and they are locked away. Instead we have an alarm system that goes straight to the police department. It works well, as I know from my kids accidentally setting it off. The cops were there in a few minutes.
Now that I live in an urban area, the only guns I have are for hunting and they are locked away. Instead we have an alarm system that goes straight to the police department. It works well, as I know from my kids accidentally setting it off. The cops were there in a few minutes.
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