Okay, me and my fiance were talking about self-defense. He wants to get a gun for protection in the future and he is planning to get a CHL. We can't agree on this. His view: If someone breaks in the house while we are home, he is not going to get in trouble if he shoot the burglar even though the burglar is running away. He says as long the burglar is in the house, he has the right to use deadly force. My view: If the burglar has intent to harm us then we have every right to protect ourselves. One of us would get in trouble if we shot the burglar when he is running away from us. I got this from the internet. I just think that we would get in trouble if we injured/killed a burglar if he runs from us. Right? Any one in law enforcement can confirm this??
If they are in your house you'd probably be OK because you don't know if they were turning to grab a gun or knife or what ever. Out in the street is a different story.
I'd rather die than shoot any body... If I was in a situation where its either I live or the other guy lives good or bad.. I would rather him take my life then to take anybody else's life.. good or bad
My thoughts were that if a burglar is in your home, you have every right to protect yourself and home. If he runs away, I dont think you can run down the street after him and shoot him. I'm sure anyone would feel terible taking another persons life. You live in a good neighborhood...why are you so paranoid Di?
Okay, I think you're just writing this to get attention! Of course, not on the street...only in the house. Lol, he is the paranoid one.
You'd have to look up the exact rules for Texas, but I'm pretty sure Texas has the "castle doctrine" which means you can blast away at an intruder in your house if you have a reasonable belief that death or bodily harm is imminent. The part of your hypothetical that makes it a little sketchy is that you say the burglar is "running away". Pragmatically though, you could likely shoot a fleeing burglar if he was in your house and have a valid self-defense claim. The stuff you pulled off the internet isn't really relevant because it doesn't deal with defense of self or any of the special considerations since you are in your home. Look up things relating to the castle doctrine under Texas law.
I think if the robber is running away the gun has already done its job, therefore there would be no need to use it. But if they are coming toward you that is an entirely different story. I have a gun for home protection, but hope to never have to use it.
years ago at HCC (so take it for what it's worth), my govt teacher made the claim that Texas law allowed you to legally shoot someone the moment they stepped on your *property* .. we all called BS at the time, but no one did the research
What your fiance is talking about is the "castle doctrine" which is what was put in place in the 07 legislature in Texas. Read Chapter 9.31 & 9.32 of the Texas Penal Code. It includes a presumption of when it is reasonable to use force for self-defense and includes a situation that your fiance is speaking about. I'm sure if you google "castle doctrine" you'd get more information. http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm
In the house, I'm protecting myself and my family. If he's running away with my belongings, I'm aiming for his leg or butt to teach him a lesson. The law about them running away is still unclear to me. See Joe Horn
step 1: buy powerwasher step 2: buy gun step 3: get burgled and let them get out to street step 4: shoot in back and drag body back to house step 5: powerwash all street evidence away step 6: splash blood around house to make inside shooting look legit step 7: be national hero
if the burglar is in your house, then im pretty sure you can blast away (even if the burglar is running away). if said burglar has run off your property, then it becomes a gray area. joe horn killed two burglars who were robbing his neighbors home and were not on his property. he didnt get indicted. whether you choose this case as a presidence is up to you. however, if a bullet exits your home and hits someone outside or damages someone elses property, then you are liable. something to consider when/if you decide to purchase a weapon for home defense. btw you dont need a chl to purchase a gun. chl's are only needed if you plan on carrying a concealed handgun on you. theres a posted on here who is a licensed dealer. you may want to contact him if/when your hubby decides to purchase a weapon.
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf This pdf has a table of contents with selected penal code divided into sections. When he takes the CHL class he will have all of these questions answered, and he can ask anything he wants to know.
Oh, he's the paranoid one... sure... sure he is... if he wants to go hunting, just take him to Academy... that way he learns... that way he learns... Why don't you get a DOG for starters? "¡Ay, mira...! Down the street... that doggie... 'ta bonito... go get me some 'baloney'... " Be honest: Who brought up the conversation first?
Who said anything about hunting and why would academy be good for learning? Gun, unlike dogs, do not have a mind of their own. +1 for guns
