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re: Deadly force to protect property not legal in this state

Posted on 5/18/11 at 4:14 pm to
Posted by sertorius
Third Plebeian
Member since Oct 2008
1510 posts
Posted on 5/18/11 at 4:14 pm to
Gentlemen,

I've been pondering whether or not to purchase a handgun. This thread has helped me in the decision-making process.

Thanks.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 4:15 pm to
you're probably right. and for the record, I have been told and rightly so that I can come off as a pompous self absorbed prick. sorry. but if any body is telling you that you can shoot someone and it will all be okay, then they're full of s***. it makes me mad think of anyone would say that.
Posted by BigD45
Chambers County, TX
Member since Feb 2007
1153 posts
Posted on 5/18/11 at 4:19 pm to
Hey Judge,

Are you a lawyer or judge? I'm just asking because I have no earthly idea who you are.
Posted by hobo with a rolex
everywhere
Member since Sep 2006
3203 posts
Posted on 5/18/11 at 4:51 pm to
quote:

I think there's a castle doctrine law here that would allow you to use deadly force if someone breaks INTO your house and you are inside you can't use it.


So what you are saying is that you come home and someone is in your house stealing shite YOU need to run into the house to shoot them. Thank you for clarifying.
This post was edited on 5/18/11 at 4:53 pm
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 5/18/11 at 5:10 pm to
quote:

JudgeHolden


self absorbed pompous prick or not, THANKS FGOR POSTING THE ACTUAL LAW.

The rest is hearsay.
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 5/18/11 at 5:31 pm to
Not directed at anyone in particular:

Shooting someone resulting in their death (which by the way is the only reason to shoot someone) will affect you for the rest of your life. Unless you have ever been the direct cause of another humans death don't try to dispute that fact.

The legality of the situation does get sticky though. Here is Texas it is a bit more clear.

However, you have every right on your own your property to defen your belongings just as you have every right to be armed on your own property. If a person on your property attempts an action that may be reasonably percieved as unlawful force against you after you have instructed them to leave you should be protected under the laws quoted on the first page of this thread.

Basically you have a right be armed on your property, to tell persons on your property to leave, and to defend yourself in a situation where a reasonable person would have fear of unlawful force.


Additionally dead men tell no lies (or truths for that matter).

To those that ethically believe that no posession is worth a human life, I have to ask why you fail to accept that the thief already refused that belief. Further, I ask in consideration for the thieves that agree with you, please post your belief in your front yard on a large sign in both english and spanish so the thieves may have a better idea of where to shop.
Posted by jim712
Baton Rouge
Member since Aug 2006
1518 posts
Posted on 5/18/11 at 5:36 pm to
quote:

My shotgun is loaded with one in the chamber, just turn the safety off. I have a glock on each side of the bed, and a glock next to the couch.


I really feel sorry for you.
Posted by F Head
On a boat
Member since Dec 2008
1896 posts
Posted on 5/18/11 at 5:52 pm to
quote]Are you a lawyer or judge?[/quote]


It's unlikely that an active judge would openly admit posting on here. That could open up a real can of worms for him. For the same reason, it seems unlikely a real judge would use the title for his screen name, and "Judge Holden" was an alleged murderer.

Just sayin . . .
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 6:16 pm to
quote:

Are you a lawyer or judge?


I am not a judge. Judge Holden was the first name I saw on a piece of paper in front of me when I signed up. Geauxtigers and SouthStadium were taken. Did not mean to confuse anyone.

I am a lawyer, so a disclaimer required by my malpractice carrier. I cannot be and am not your lawyer on these matters. I am not offering legal advice. These are my personal view. I only offer legal advice when I have a signed engagement letter, and then only in the states in which I am licensed, Louisiana and Texas. You need to engage your own lawyer if you want legal advice. These are my personal opinions.

Now, this is my personal opinion. I would not shoot anybody unless it was absolutely necessary to save my life or someone in my home. I would not shoot to kill if I could avoid it. I would not shoot someone taking a lawn mower out of my shed. I would ask what they were doing there, and would probably find out that my son lent them the mower.

If I absolutely shot someone to save life, I would call 911 then call my lawyer. After consulting with my lawyer, I would talk to the police. I would not under any circumstances alter any evidence or move anything. Nothing makes you look guiltier, in my view. I would not lie of stretch the truth with the cops.

That is what I would do. Any of you are free to do what you think is best. But I will tell you that I own many guns but keep none of them loaded. If you own guns and some kid shoots himself with your weapon while playing with it, you better damn well hope I am not on your jury.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 6:17 pm to
quote:

It's unlikely that an active judge would openly admit posting on here. That could open up a real can of worms for him. For the same reason, it seems unlikely a real judge would use the title for his screen name, and "Judge Holden" was an alleged murderer.

Just sayin . . .


On the money. Maybe I should change my screen name. Anyone know how?
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 6:24 pm to
quote:

has anyone ever told you you sound like a pompous, self-absorbed prick


Yes. And sometimes I am. Maybe I was here. I'd be a prick all day long if it gets everyone clear that all this "shoot the burglar" stuff is very dangerous territory for anyone.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 6:25 pm to
quote:

t's spelled out earlier in the thread. "Shoot someone"? That's all? What are they doing? Did they enter my dwelling or are they taking my mower? You are wasting our time and being a toal arse while doing it.


Whether or not you are a lawyer, I was a jerk in my post. I apologize.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 6:26 pm to
quote:

Message
Sid in Lakeshore


Thank you.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30714 posts
Posted on 5/18/11 at 6:27 pm to
Attempting to break into your house or reasonable fear for your life or grave danger = legal


Doesn't mean u wont get sued though Rodney peairs
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 5/18/11 at 6:31 pm to
quote:

unless it was absolutely necessary to save my life
quote:

I would not shoot to kill if I could avoid it.


The time to avoid this comes prior to leveling the gun in the direction of someone you fear losing your or your love ones life to. The largest target is center mass and if hit with one or two rounds of an adequate self defense round it will kill.

quote:

I own many guns but keep none of them loaded.


you own many clubs then.

quote:

If you own guns and some kid shoots himself with your weapon while playing with it


you should be thrown under the jail. There is no excuse for improperly securing a self defense weapon. Similarly there is no excuse for you ro your wife being shot in your bedroom by an intruder as you fumble trying to load your "self defense" gun in the dark in a hectic and scary situation.
Posted by F Head
On a boat
Member since Dec 2008
1896 posts
Posted on 5/18/11 at 7:25 pm to
quote:

Bleeding purple


You pretty much nailed it with that post.
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 5/18/11 at 8:45 pm to
quote:

I would never shoot to kill.
BIG mistake. If you ever shoot, it better be TO kill.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/18/11 at 9:18 pm to
Why?
Posted by Rocketvapor
Covington
Member since May 2011
42 posts
Posted on 5/18/11 at 9:48 pm to
You shoot to eliminate the immediate threat then stop shooting. Three shots in the chest and three in the back while the perp is running away will come down to the coroner's determination of which killed the perp. Unless the coroner is your uncle, you could be in deep shiet.

If you keep firearms for hunting, learn about hunting safety. If you keep firearms for home protection, learn about home protection. That includes instructing family members on emergency plans. Just because your dad gave you your first gun when you were 5 does not indicate knowledge of firearm safety.

At home when I grab a weapon all I have to do is say "upstairs". No questions asked, everyone goes upstairs, wife locks the bedroom door and arms herself.
Posted by JulianD
Member since May 2011
49 posts
Posted on 5/18/11 at 9:55 pm to
Ok, I joined this board cuz the flood info is exceptional, but this thread is GREAT! Lawyer fight!!

Out of curiousity, fumbling around in the dark to load a clip is more complicated than taking a trigger lock off, or unlocking a gun safe? Or are you advocating keeping a loaded handgun in a home with your children with only the safety button clicked? Christ, that's a terrible idea. Keep a full clip, but for god sake if you have kids keep it separate from the side arm.
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