rampage841512
New member
Pepper spray. Always keep it on me for just such a situation.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Why did I bother to buy a gun in the first place, take a CCW class and diligently practice so that I can place 2 COM shots + 1 to the head if not to protect my life AND property and that of my loved ones?
OK, so I walk outside with my weapon and see this fine upstanding young citizen helping himself to my car's sound system. According to the OP's scenario, the "victim" (and he is a victim because his mother is a raging alcoholic and his father beats him on a regular basis) is aware that I am armed but yet refuses to comply with my politically correct request to cease and desist. At this point, I think it is fair to assume that the only reason someone would refuse to comply with the request of someone pointing a (presumably) loaded weapon at them would be because they either a)have a death wish or b)can stop me from using my weapon before I get the opportunity to use it on him in which case I AM BEING THREATENED.
Why did I bother to buy a gun in the first place, take a CCW class and diligently practice so that I can place 2 COM shots + 1 to the head if not to protect my life AND property and that of my loved ones?
I absolutely refuse to stand by and take pictures of some low life scum bag breaking into my car and hope that the police might eventually catch the guy and put him in jail for 90 days just so he can come back and do it again!
pee on him.
I don't think you can shoot the guy with the gun, so what about shooting him with a camera?
OldMarksMan said:You cannot point a gun at anyone (when you are outside of your domicile or automobile) unless you or a third person are in imminent danger of death, serious physical injury, or any forcible felony (felony involving the use or threat of physical force or violence against any individual).
It would be perfectly justifiable to use a considerable level of non-deadly force to stop this guy, in most places.
In NY state, preventing a trespasser from leaving your property by use of force is legal.
Interesting. In most places you cannot prevent a trespasser from leaving, the reason being that such an act defeats the purpose of the law against trespassing.