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Article #108Re: Homeinvasion, shoot to kill?
From: Dan Day
Date: Thu, 27 May 1999 00:00
Date: Thu, 27 May 1999 00:00
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On Thu, 27 May 1999 13:59:38 GMT, ReadyTexan wrote: >I once had a Texas cop tell me "if you shoot someone breaking and >entering your house and he happens to fall outside please drag him >inside before we get there. It reduces our paperwork". Absolute and complete nonsense. First, as others have pointed out, modern forensics would not only be able to prove beyond a shadow of a doubt that you had shot him outside and then dragged him back in, the forensics lab would probably also be able to show what hand you used, what brand of watch you were wearing at the time, and how much change you had in your pocket. You'd be astounded at what the forensics guys can do these days -- personally, I think that the amazing advances in forensics may well be one of the unrecognized factors driving the recent nationwide crime drop. (Others may be the increased numbers of cellular phones and surveillance cameras.) Second, in most states, and in Texas ESPECIALLY, there's absolutely no distinction between "in home" and "out of home" self defense acts. In Texas law, there's not a word in the penal code making shootings in your home any different from shootings outside your home. The law doesn't give a damn if the criminal is in your house or not. You either had the right to shoot him, or you didn't, wherever you might have been at the time. Location is no consideration in Texas deadly force laws. Furthermore, Texas has what is probably the most liberal deadly force laws in the country. Seldom do you ever have to worry about such minor distinctions as "just inside your door or just outside your door". Hell, in Texas you're even allowed to shoot a burglar to protect nothing but property (but read the law before you try it -- not every conceivable instance is allowable). My favorite example was reported about ten years ago now. A Texas woman stepped into her garage and found a man trying to steal her bicycle. She pointed a gun at him, and told him to desist. What happened next is best described in her own words, as reported in the news coverage: "He told me to go ahead and shoot him, so I did." The woman was not charged (because she was well within the law), and the idiot criminal survived his hospital stay. -- "How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!" --Samuel Adams (1722-1803), letter to John Pitts, January 21, 1776
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1044e7,90e435dcb1781200 X-Google-Attributes: gid1044e7,public X-Google-Thread: 10162c,90e435dcb1781200 X-Google-Attributes: gid10162c,public X-Google-Thread: f59be,90e435dcb1781200 X-Google-Attributes: gidf59be,public X-Google-Thread: 10004d,90e435dcb1781200 X-Google-Attributes: gid10004d,public From: dcd@firstnethou.com (Dan Day) Subject: Re: Homeinvasion, shoot to kill? Date: 1999/05/27 Message-ID: <375280b2.6068405@news.globalcenter.net> X-Deja-AN: 482787369 Content-Transfer-Encoding: 7bit References: <7ihsq7$ovb$2@cubacola.tninet.se> <374C811A.25A692D7@earthlink.net> <3752dcb9.112630497@news.mindspring.com> Content-Type: text/plain; charset=us-ascii X-Complaints-To: abuse@globalcenter.net Organization: Frontier GlobalCenter Inc. Mime-Version: 1.0 X-Posted-By: @206.165.177.241 (ensyte01) Newsgroups: dc.talk.guns,talk.politics.guns,tx.guns,can.talk.guns