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re: Thoughts on a warning shot
Posted on 5/6/13 at 1:50 pm to Chad504boy
Posted on 5/6/13 at 1:50 pm to Chad504boy
Ima not wasting ammo. Not saying I won't drag a mfer back but a warning shot will be only cause I missed
Posted on 5/6/13 at 1:51 pm to CoastieGM
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 on 5/6/13 at 1:58 pm to Bleeding purple
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 on 5/6/13 at 2:03 pm to Chad504boy
Listen to Bapple.
Don't shoot if you aren't under threat.
Don't shoot if you aren't under threat.
Posted on 5/6/13 at 2:13 pm to faxis
quote:
Don't shoot if you aren't under threat.
Absolutely the best advice, in any situation.
Posted on 5/6/13 at 2:26 pm to dawg23
quote:That used to be true. However it changed in 2009 or 2011.
I believe that, in Texas, it has to be at night (or during "the nighttime") for you to use deadly force to protect property.
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 on 5/6/13 at 2:31 pm to CoastieGM
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 on 5/6/13 at 2:41 pm to Bleeding purple
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 on 5/6/13 at 3:09 pm to CoastieGM
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 on 5/6/13 at 3:11 pm to CoastieGM
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 on 5/6/13 at 3:38 pm to Chad504boy
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 on 5/6/13 at 4:03 pm to Chad504boy
Send a round over his head. The whizz of the bullet will send a much clearer message
Posted on 5/6/13 at 4:12 pm to VetteGuy
quote: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.
That said, defending a civil suit, unjust or not, costs money.
quote:That is certainly the wisest.
I would prefer not to shoot unless I fear harm.
Posted on 5/6/13 at 5:32 pm to Chad504boy
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 on 5/6/13 at 6:30 pm to chalupa
Also why waste a round. If they have friends waiting.
Posted on 5/6/13 at 6:34 pm to Chad504boy
quote:
Thoughts on a warning shot
no, no, no, no, no
Posted on 5/6/13 at 7:26 pm to KingRanch
Due to the increased cost of ammunition i can no longer afford a warning shot.
Posted on 5/6/13 at 8:31 pm to Chad504boy
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
LINK
Posted on 5/6/13 at 8:51 pm to brbowhunter
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 on 5/6/13 at 9:02 pm to Chad504boy
my 2nd shot is warning shot
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