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re: Thoughts on a warning shot

Posted on 5/6/13 at 1:50 pm to
Posted by Nascar Fan
Columbia La.
Member since Jul 2011
18578 posts
Posted on 5/6/13 at 1:50 pm to
Ima not wasting ammo. Not saying I won't drag a mfer back but a warning shot will be only cause I missed
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 5/6/13 at 1:51 pm to
quote:

In Texas, yes you can as long as he has possession of your property...shoot 'em square in the back if you want.


I believe that, in Texas, it has to be at night (or during "the nighttime") for you to use deadly force to protect property.
This post was edited on 5/6/13 at 1:53 pm
Posted by VetteGuy
Member since Feb 2008
30192 posts
Posted on 5/6/13 at 1:58 pm to
quote:

Assuming he has your property


Puts Granny's urn by dead perp

I told him to turn loose of Granny, but he didn't...
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 5/6/13 at 2:03 pm to
Listen to Bapple.

Don't shoot if you aren't under threat.
Posted by VetteGuy
Member since Feb 2008
30192 posts
Posted on 5/6/13 at 2:13 pm to
quote:

Don't shoot if you aren't under threat.


Absolutely the best advice, in any situation.
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 5/6/13 at 2:26 pm to
quote:

I believe that, in Texas, it has to be at night (or during "the nighttime") for you to use deadly force to protect property.
That used to be true. However it changed in 2009 or 2011.

We now have the right to use deadly force to protect our property, or any human life, anytime or anywhere. Citizens actually have more leeway than LEO.
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25321 posts
Posted on 5/6/13 at 2:31 pm to
quote:

That used to be true. However it changed in 2009 or 2011. We now have the right to use deadly force to protect our property, or any human life, anytime or anywhere. Citizens actually have more leeway than LEO.


That being said if there is no threat, shooting the perp will bring more cost to you than it is likely worth, even though it is legal.
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 5/6/13 at 2:41 pm to
quote:

That being said if there is no threat, shooting the perp will bring more cost to you than it is likely worth, even though it is legal.

Good point. But I think that's really going to depend upon the attitude of the local police.

In Austin, I bet it will cost you a WHOLE BUNCH of grief.

In Houston, they actually encourage shooting thieves. I never had to "go downtown" or anything with the dudes I plugged a couple years ago. Cops just shrugged and gave back my weapon.

One needs to know the local attitudes.
Posted by VetteGuy
Member since Feb 2008
30192 posts
Posted on 5/6/13 at 3:09 pm to
quote:

Good point. But I think that's really going to depend upon the attitude of the local police. In Austin, I bet it will cost you a WHOLE BUNCH of grief. In Houston, they actually encourage shooting thieves. I never had to "go downtown" or anything with the dudes I plugged a couple years ago. Cops just shrugged and gave back my weapon. One needs to know the local attitudes.


That said, defending a civil suit, unjust or not, costs money.

I would prefer not to shoot unless I fear harm.

You were also lucky with your experience with LEOs. Many of 'em have an attitude (NOPD) and would give you a ration of shite just b/c they can.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 5/6/13 at 3:11 pm to
quote:

That used to be true. However it changed in 2009 or 2011.


I'm sure you are better informed than I.
But I'm referring to Texas penal Code Section 9.42, which states:

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.


If that section has been amended, I missed it.

Posted by TigerOnThe Hill
Springhill, LA
Member since Sep 2008
6915 posts
Posted on 5/6/13 at 3:38 pm to
quote:

I have read way too many stories where warning shots have been detrimental to the good guys. I highly advise you don't do it.

This.

No need spending time trying to think up some unusual situation whereby you might want to fire a warning shot......Don't do it. There's NOTHING to be gained and plenty to be lost. Let's say you do shoot into the ground to scare the perp so he'll never come back to your house. Now you've got to tell that same lie to the cops or DA's office everytime they question you. Do you think they'll NEVER figure out you were lying? What happens to the investigation once they've figured you out? Now you have NO crediblity. Just don't shoot. The only reason to shoot or draw your weapon is to stop the threat. Once he's running away, you've carried out your job. Check on your family, compose yourself, call 911 and tell the truth.
Posted by FelicianaTigerfan
Comanche County
Member since Aug 2009
26059 posts
Posted on 5/6/13 at 4:03 pm to
Send a round over his head. The whizz of the bullet will send a much clearer message
Posted by CoastieGM
Member since Aug 2012
3185 posts
Posted on 5/6/13 at 4:12 pm to
quote:

That said, defending a civil suit, unjust or not, costs money.
Word got back to me that the turds in my situation couldn't find an attorney to take the case who didn't want a $15K retainer up front.

quote:

I would prefer not to shoot unless I fear harm.
That is certainly the wisest.
Posted by chalupa
Member since Jan 2011
6781 posts
Posted on 5/6/13 at 5:32 pm to
quote:

o its better if he assumed i'm just an unarmed home owner


Yes. If they know you're armed, they may come back with weapons next time for revenge or something else. The less they know, the better.
Posted by Nodust
Member since Aug 2010
22657 posts
Posted on 5/6/13 at 6:30 pm to
Also why waste a round. If they have friends waiting.
Posted by KingRanch
The Ranch
Member since Mar 2012
61640 posts
Posted on 5/6/13 at 6:34 pm to
quote:

Thoughts on a warning shot


no, no, no, no, no
Posted by TexTiga
SugarLand , Tx
Member since Oct 2007
2540 posts
Posted on 5/6/13 at 7:26 pm to
Due to the increased cost of ammunition i can no longer afford a warning shot.
Posted by brbowhunter
baton rouge
Member since Apr 2013
851 posts
Posted on 5/6/13 at 8:31 pm to
about a year ago a guy in port allen fired a warning shot at a intruder and then shot him dead in his backyard. no charges were pressed against owner

LINK
Posted by bapple
Capital City
Member since Oct 2010
12014 posts
Posted on 5/6/13 at 8:51 pm to
quote:

about a year ago a guy in port allen fired a warning shot at a intruder and then shot him dead in his backyard. no charges were pressed against owner


If he hadn't killed the guy to show it was clear self defense I bet there would've been some risk of him getting screwed by the law.

Then again, it was in Port Allen so the chances would've probably been lower.
Posted by beulahland
Little D'arbonne
Member since Jan 2013
3658 posts
Posted on 5/6/13 at 9:02 pm to
my 2nd shot is warning shot
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