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Laws on shooting someone on your property??

7K views 52 replies 26 participants last post by  Scott H 
#1 ·
Last night my neighbor got robbed by two guys that came to his back door and said they were cops. They shined flashlights in his windows and demanded that he open the door. After showing a fake badge, he opened the door. They smashed his head into the wall and put a knife to his back and told him they were going to kill him.
Next thing he knew it got quiet and he turned around and ran to my house. I woke up to him banging on my door crying for help. I had him at gun point for 5 minutes or so til I realized he was telling the truth. He was in some major shock and bleeding from his nose and mouth.
I had never seen that guy before( he just moved in that day) and he freaked me out. A bloody guy pressed up against my door window at 5 AM saying "help me help me" almost got shot, but I eneded up letting him in and helped him.
This shit has happened alot in austin lately and I want to know what I can and can't do.
Anyways, I want to know what the laws are in a situation like this.
Can I shoot someone through my back door? Do they have to be inside?
I heard that if they are even in my car on my property I can shoot them?
Can I shoot them if they are in my yard?..Backyard?

Here's a link to one that happened hours earlier.
http://www.news8austin.com/content/top_stories/default.asp?ArID=178776
 
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#2 ·
Me personally i would not shoot some one unless my life was in danger, such as someone in my house. You have to remember legal or not you will go to court for it. And you want to be completely in the right. Shooting someone who is beating on your door will probably get you a ticket to jail. You just need to ask your self is shooting some kid breaking into your car really worth it? The laws in Texas are very weird when it comes to shooting someone on your property. I have them in some notes some where from one of my Cj classes but not sure where they are at. Im sure someone can find a link online.
 
#3 ·
I just want to know the laws on this kind of thing. If they are threatening me through my back door, I can't shoot them in my yard?
This has happened on Sunday afternoon, 12AM this morning, and 5AM this morning.
I have alot of windows too. Kind of creeping me out.
 
#4 ·
you cannot shoot a robber in your own home unless he/she attacks you first. then you can claim self defense. IF you do shoot them without them attacking you, they can actually sue you. pretty fucked up law, but most laws are.
 
#5 · (Edited)
You can shoot anyone in your house. Just ask Cullum Davis and Racehorse Haines. Have a BIG bag of money and make sure there is only one story. :D

On a real note see Subchapter B. Pages 50 thru 55, Texas Concealed Handgun Laws 2006. Pretty wide open laws at night.
 
#6 ·
Im pretty sure if you wake up to someone in your home you can shoot them without a doubt.(Texas) Just make sure you kill them. A dead man tells no lies. Doesn't matter if they brought you roses. I
Im just not sure on the property situation.
I guess from what I've been researching, if someone bangs on your back door, wait for them to come in. As soon as they break in, empty the gun on them.
Remember the case when the father and son waited on their rooftop for the car vandlers. They didn't see a day of jail.
 
#8 ·
Ive asked my friend going to law school the same thing. He said if they are on your dwelling and you feel your life is being threatend you can shoot. If they are just in your house with your tv in their hands and you shoot them it can be major trouble for you, and if they attempt to run away and you shoot them thats the worst thing you can do even if they are running away with your stuff.
 
#10 ·
black2002ls said:
in something like this, the only good witness is a dead one.

well i guess if you shoot them, dont shoot them in the leg. aim for the head and say you thought they were a tv stealing zombie :D
 
#13 ·
You have the right to protect yourself and property or the self and property of a third person. Does that mean bust out in your driveway and put a cap in someone stealing your 150 dollar car radio. Technically you could, but you have to live with that and the civil judgement that would surely follow. Just because you can do it does not mean it is right.

Now if someone is in your house, breaking into it, you have the right to use deadly force to protect yourself. You do not have to be attacked. Also Texas is a non retreat state, so that works in your favor. Just dont do something that you will have to live with the rest of your life. I know everyone talks about shooting this and shooting that, but when it gets down to the nut cuttin it is alot harder then you think. Remember your 1/1000th decision will affect alot of people for a very long time.

I dont think it would be wise to start shooting through any object to get to a person. That will not look good on you when the Grand Jury looks at the case for dismissal or indictment.

You could do a Google search on the Texas Penal Code and Code of Criminal Procedure to find out.

Just a though,
Eric
 
#14 ·
Texas laws have changed recently. You can use deadly force to protect you and your property. I will shoot someone in my home or outside my home, if I "fear for my life". That is the key phrase..."I feared for my life". Memorize it, and you shall be free.
 
#15 ·
Vertnut said:
Texas laws have changed recently. You can use deadly force to protect you and your property. I will shoot someone in my home or outside my home, if I "fear for my life". That is the key phrase..."I feared for my life". Memorize it, and you shall be free.
Exactamundo!
The situation I was in last night was pretty intense. This dude was shaking so bad he looked like he was having a seizure. He was bleeding and in major shock. He didn't know if they were still in the house or not. My neighborhood is totally dark with my porch light being the only one on. I felt so bad for the guy. He couldn't even talk to the cops on the phone, I had to take over.
I don't think i'd loose a wink of sleep for blasting two robbers that night.
The cops that showed up were fucking morons and were only there for about 30 minutes.
 
#16 ·
RoadW3@aol.com said:
Also Texas is a non retreat state, so that works in your favor. Just dont do something that you will have to live with the rest of your life. I know everyone talks about shooting this and shooting that, but when it gets down to the nut cuttin it is alot harder then you think.
Not yet it isn't. http://www.nraila.org/News/Read/Releases.aspx?ID=8824

The "castle doctrine" hasn't passed yet, meaning you must attempt to flee before using deadly force. Kill the crackhead just for kicking in your door and his crackbabies will sue your ass. You likely won't get charged with murder, it'd never stick, but wrongful death will with the wrong jury.
 
#17 ·
Really guys... your best reference is the Texas Penal Code.

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
 
#18 ·
BP said:
Not yet it isn't. http://www.nraila.org/News/Read/Releases.aspx?ID=8824

The "castle doctrine" hasn't passed yet, meaning you must attempt to flee before using deadly force. Kill the crackhead just for kicking in your door and his crackbabies will sue your ass. You likely won't get charged with murder, it'd never stick, but wrongful death will with the wrong jury.
I believe the "castle doctrine" will basically add protection for persons using force authorized by law from lawsuits filed by injured criminal attackers or their families. You can already justify any means necessary under these conditions, but you're not exempt from a civil suit.
 
#19 ·
Denny said:
Really guys... your best reference is the Texas Penal Code.

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
Denny, isn't that what I said? I'm not going to shoot some fucker over my wheels, BUT if I confront him and fear for my life, I can react. "Property" covers a lot of ground. (No pun intended ;) )
 
#21 ·
Denny said:
I believe the "castle doctrine" will basically add protection for persons using force authorized by law from lawsuits filed by injured criminal attackers or their families. You can already justify any means necessary under these conditions, but you're not exempt from a civil suit.
The only real problem with that law is the possibility of a no knock police raid being served. Shoot a cop regardless of the circumstances and you're going to jail, if you survive the trip.
 
#25 ·
Its best to let the person just kick the door open. If you aren't a felon then start fucking blasting.
 
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