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Josiah 01-07-2012 08:53 AM

So what would you do??
 
Here in Oklahoma we have a law that if an intruder comes into your house your allowed to Shoot them!
What would you do?

Is there a law similiar to this in your state?


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2lineCarrandMorgan 01-07-2012 09:43 AM

All legal topics»
Laws»
State Laws»
Gun Control»
Texas

My current location: Austin, TX |
Texas Gun Control Laws


More Information on Gun Control Laws
Code Section Penal §§46.05, et seq.
Illegal Arms Machine gun; short-barreled firearm; silencer; armor-piercing ammunition; zip gun; explosive weapon
Waiting Period None
Who May Not Own 1. Convicted felon within 5 yrs. of release or parole; 2. Sale, rental, lease, or gift to minor under 18 without parental consent; 3. Confined in penal institution.
Law Prohibiting Firearms On or Near School Grounds Felony. Penal 46.03, 46.11
its not a threat of death its just a fact that a death will happen
we have several weapons.. i don't want ever to have to use any of them and i don't think i ever will have too, living safe and being on guard helps ...right now in Austin there is a killer of women around the collage campus http://www.kvue.com/home/Two-murders...136581983.html
and some one tried to lure a three different children in to his truck ! what would you do to protect your family or ppl

trouble 01-07-2012 11:51 AM

This is an EXCELLENT site, in plain language for Georgians,

http://www.georgiapacking.org/law.php

And in regards to this topic:

Deadly Force
There are 3 code sections that govern when lethal or deadly force may lawfully be used.

Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)

Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(16-3-23)

Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)

(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)

Zeke 01-07-2012 12:46 PM

Standard Zeke response:

1. "I feared for my life."
2. BANG.
3. BANG.
4. BANG.
5. Phone attorney.
6. Call cops.

BladeofWolf 01-07-2012 01:10 PM

Would I?
 
:soapbox:
In the state of Georgia as I understand it we have the "Castle Doctrine", the legalese is mentioned above.
Would I, Yes...... have we, yes. Not lethally but my wife did have to shoot someone to protect herself and our young son. I was working overnights and the sheriff was no help.
Interestingly enough after I was fired because of the drama and I was home the police made 5 arrests in 2 days after 5 months of nothing.
A bit of a side note, before this incident we owned only one antique birding gun that was an inheritance gift. Never used, then I bought a 12 gauge pump shotgun. Honestly never thought I would buy,own or advocate the ownership of a gun.Amazing how your feelings change when you family is in danger.

Cheyenne Proverb: A nation is not beaten until the heart's of its women lie on the ground.
Dirkism: My wife is my hero.

Josiah 01-07-2012 01:13 PM

Very Clear in Oklahoma if you come into my House I have the Right to Shoot you Dead.

But in other States well

And in Canada...

Here is a good website for the whole issue

http://redensign.wordpress.com/2010/...your-ground-2/

AmigoKumeyaay 01-07-2012 01:16 PM

No matter what is written on the books for the jurisdiction where the crime occurs...

...it is always "the totality of the circumstances" in the perception of the person being assaulted, or reasonably fearing that they will be assaulted.

Means, Capability, & Intent of the presumed assailant are integral to the circumstances.

No matter what happens, the discharge of a firearm will be investigated, and forensic evidence better match up with the story of the survivor.

Don't be surprised even if a justified shooting, your homeowner insurance company will be sued civilly for "wrongful death" or "wrongful injury".

Also, any ricochets, or "stray rounds" from your gun can kill other people across the street, or cause property damage that you will be held accountable for.

The amount of adrenaline pumping into a person can drastically affect their ability to safely handle ANY firearm, and distort their judgement during a traumatic incident.

The other concern is having a firearm inside your home in the first place, safe & proper storage, and lessons on safe handling & use of the firearm are of vital importance. Sooooo many "accidents" happen, many fatal tragedies in homes where firearms are carelessly stored and misused.

All that being said, a 12 guage automatic shotgun is a great home defense tool when handled properly!

Just remember all the responsibility that comes with owning any weapon.

pigheaded 01-07-2012 01:21 PM

tricky law in the city, plus the law goes by county,so in Maricopa county Police (those on the phone) will tell you that you can not shoot unless you first have been shot) :thinking: ? HUH? Officers on patrol will tell you don't shoot unless they are actually in the house. But out in the sticks, of Pinal County all that is required is a sign posted anywhere on your property that warns, "No Trespassing, Violators will be shot." Simple as that.

Grits & Beans 01-07-2012 01:29 PM

a while ago some co-workers were discussing this in the breakroom and one who is friends with a cop who had told him, if the intruder is shot and happens to fall on the lawn or anywhere outside the house then just drag him into the house before the cops get there :lol:

yaahl 01-07-2012 01:36 PM

If you shoot someone in Canada in an event that can be termed self-defence, you'd better have a clear defence of necessity to avoid jail time.

Precedent is pretty clear on what defines necessity and if it fits, you're acquitted. It sucks being on trial for something you felt was a self defence act but for every case that is a clear defence of necessity of self defence, there are three to four cases that claim self defence but are actually manslaughter or criminal negligence cases.

There's been a couple of cases recently where a farmer shot a thief who was stealing his ATV. The reason he's on trial is that he shot the thief in the back, so no fear of imminent danger to his life and he was found to be chasing them, so no defence of necessity of not being able to escape to safety.

In that scenario my response would have been:

1. Hello, Police? My ATV just got stolen.
2. Hello, Insurance? My ATV just got stolen.
3. Hello, ATV dealer? I need to buy a new ATV got any in stock?
4. Hello, Insurance? Thanks for the cheque for the ATV.
5. Hello, Fred, Wanna go out on the trails with my new ATV?

No need to pay a lawyer...no messy trial.

trouble 01-07-2012 01:53 PM

forgot to add, I am a shoot first, ask questions later kind of gal, ...attempting to enter my home and not having my permission to be there, means you have no NEED to be there,---- I will take that as a personal affront, and will tell the responding officer
"I WAS IN FEAR FOR MY LIFE OFFICER."

Trespassers will be shot,...Survivors will be shot again....

AmigoKumeyaay 01-07-2012 02:41 PM

The average person may be surprised to know that law enforcement officers are prime targets of house burglars and car burglars / car thieves.

The criminals are after firearms and ammo, and quite a few law officers have multiple guns in their private collections. Scumbags are constantly "casing" officers, keeping notes on their schedules and routines.

It is a real problem, too many officers feel secure in leaving their weapons inside their personal cars while they work out at the gym, etc,...then come back to find a window smashed-out, gun is gone!

When a stolen weapon is used in a crime later on...and traced back to the original owner...Guess what? Time for a lawsuit!


On the flip side, in some cases, "Rip Crews" operate to rob drug stashes from dope dealers. Typically, a home invasion armed takeover event, keeping everybody hostage until they can find the drug stash, cash, and guns / valuables to take away.

Sometimes...these "Rip Crews" get the wrong address...


Ahhh...life in the big city! LOL

Toolbox 01-07-2012 06:55 PM

We used to have some bogus law up till recently that said that your first response to an intruder is to try to escape, a so-called "duty-to-retreat". Not too long go we adopted the castle doctrine and then back in June of 2011 they enhanced it to include places other than the home or vehicle to anywhere you have a legal right to be.

As for me and the issue of the use of deadly force against an intruder I would announce that they have to the count of 5 before I pump them full of lead... amongst other things.

RDNKJ 01-07-2012 06:57 PM

Unless it has changed in the last couple years (and I don't think it has) Texas law does expect you to make a reasonable attempt to escape if possible before you shoot someone breaking into your home. Except in extreme circumstances, I can't see a Texas D.A. bringing charges for shooting an intruder. And even if he/she did, probably even harder to find a jury who would convict.

That said...anyone try to break into my home is gonna be met by a gun. And, the way I was taught

1. Never point a gun at anyone unless you are going to shoot them.

2. Never shoot to wound...always shoot to kill.

++++++++++++++++

Then, call lawyer, call cops.

yaahl 01-07-2012 07:10 PM

Maybe I should move to the states, I could retire just on dealing with you powwow.com guys and your guns...lol

Joe's Dad 01-07-2012 07:43 PM

I just wanna cut their head off and drink their blood.

Toolbox 01-07-2012 09:16 PM

The funny thing about me is that I'm a liberal but I fully support second amendment rights and I love guns. I also believe that gun control is bull poop because someone who wants to get a gun illegally is going to get one. Where I grew up I could have had an illegal handgun (AKA "A Burner") after a phone call and $200. Also states like California that require special covers over the mag release on an AK47 or AR15 etc. is stupid because if I'm a criminal what makes someone think that I'm going to abide by the law when it comes to my guns; the stupid cover would be gone.

timmy tiger 01-07-2012 10:48 PM

Well I don't have a gun and don't really want one. Am a woman and live alone. But I have a baseball bat or a thick walking stick next to my bead at all times. I'm aiming to take someone's head clean off their shoulders if they come waling into my house without me inviting them.

It's tricky here sometimes. You have to prove direct danger to use a firearm. And fear for your life, but I sure would claim it fast and being a small woman yeah, that's exactly what I would claim. But I'll scrap with the best of them and won't go down without one heck of a fight.:thumbsup:

Toolbox 01-07-2012 11:05 PM

TT, I wouldn't even chance it, get yourself a nice Glock 17 (9mm) and some shooting lessons, I wouldn't chance my life on a bat which is a close range melee weapon when I could take out a potential rapist or murderer etc from across the room. Now I can handle a much larger caliber handgun but a 9mm with the right ammo is all thats needed. In fact you could get away with a Ruger .22 pistol which is so easy to fire, hardly any recoil, and cheap.

A study 20/20 did years ago, which included interviews with convicted felons, found that if an assailant or robber or intruder sees the weapon or knows that you are armed then they are less likely to target you or if they are in the process of attacking you or your property they will attempt to flee.

Me personally, as soon as some stuff is cleared up and some bills are paid I'm hopefully buying an AK-47, which are perfectly legal in the U.S. as long as it can't fire more than once per pull of the trigger. Imagine being the poor S.O.B. that breaks into my house to see an AK-47 pointing from down the hall or top of the stair case?

timmy tiger 01-07-2012 11:12 PM

Yeah, I'd flip looking at an AK-47 too.HAHAHAHA

Well, I hear things at night and so I'm up more then I'm not and so I would know before they do and I can see in the dark.LOL AT that point I can. I almost took my ex's head off once, it was an accident--really it was that time. But he about messed himself.HAHAHA I just don't know about guns. Too many use them to brag about, not meaning you or on this site, but had a lot of that and it just takes away any even thought I would have of having one.


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