Lethal force to protect property?

Untranslate · Dec 20, 2014

The way it has been explained to me is that you can use leather force against a person who is on your property with the intent to commit a felony. (not a misdemeanor)
So if some one jumps your fence and you shoot them in your yard you could go to jail. But if that person has a mask, crowbar and weapon you will hopefully not face charges.
Breaking and entering is of course a felony. So if some one come into your house at night they are fair game armed or unarmed.
There is another side to keep in mind as well. That is civil court. People have avoided prison in some "grey area" self defense cases but then got sued for everything they have or will ever have.
A little common sense gos a long way!

JBP55 · Dec 20, 2014

Untranslate said:
The way it has been explained to me is that you can use leather force against a person who is on your property with the intent to commit a felony. (not a misdemeanor)
So if some one jumps your fence and you shoot them in your yard you could go to jail. But if that person has a mask, crowbar and weapon you will hopefully not face charges.

Have your Attorney explain it to you.

charlie12 · Dec 20, 2014

Untranslate said:
The way it has been explained to me is that you can use leather force against a person who is on your property with the intent to commit a felony. (not a misdemeanor)
So if some one jumps your fence and you shoot them in your yard you could go to jail. But if that person has a mask, crowbar and weapon you will hopefully not face charges.
Breaking and entering is of course a felony. So if some one come into your house at night they are fair game armed or unarmed.
There is another side to keep in mind as well. That is civil court. People have avoided prison in some "grey area" self defense cases but then got sued for everything they have or will ever have.
A little common sense gos a long way!

Read this one too.

http://www.legis.la.gov/legis/Law.aspx?d=408383

CEHollier · Dec 20, 2014

3fifty7 said:
You can't hunt over bait!

And if you do STFU. I heard a noise in the garage. I grabbed my shotgun to investigate. In the dark someone charged me. I feared for my safety and shot. Beyond this I want to talk with an attorney.

nolaradio · Dec 20, 2014

Sounds to me the issue isn't whether or not you can shoot an intruder legally but rather the guy is at fault for premeditated murder. Especially if things went down as in the original post. If you tell someone that you're going to "kill the next burglar", sounds premeditated to me. Bet that's how they got them convicted. Just my two cents. I'm not a lawyer but I watched my fair share of Law and Order.

Untranslate · Dec 21, 2014

from: http://www.noholtzbarred.com/wp-content/uploads/2012/11/loose-lips-sink-ships-posters2.jpg

It works for wars, the internet, civil and criminal cases, and life in general.
What im trying to say if you are hell bent on doing something stupid dont talk about it 1st.

There are so many times in my own life i wish i could have just shut my damn mouth.

Also: If you have a very clear cut criminal case than you should be safe from civil. It is when things get into gray areas that civil can start rearing its ugly head.
For instance that guy who shot the thieves coming out of his neighbors house while talking to 911. I dont actually remember the outcome of that situation but it is a lot less cut and dry.

olivs260 · Dec 23, 2014

madwabbit said:
I've got unique opinions on this, and they aren't favorable on the bayouramboshooter forum.

Animals and low life scumbags kill people over "stuff", period. If you'd take a life over your truck stereo or the crap in your garage, you've got issues that need sortin'

Yep... if you're defending yourself that's one thing. But if you just want to kill people, go join the Army. And maybe seek counseling.

Untranslate said:
For instance that guy who shot the thieves coming out of his neighbors house while talking to 911. I dont actually remember the outcome of that situation but it is a lot less cut and dry.

Joe Horn. He was cleared by the grand jury, but that was Texas, and different states have different laws. http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy

oleheat · Dec 23, 2014

But does what he did make Joe Horn a bad person who needs help?

The State of Texas doesn't seem to think so.

olivs260 · Dec 23, 2014

oleheat said:
But does what he did make Joe Horn a bad person who needs help?

The State of Texas doesn't seem to think so.

My personal opinion. I just don't see killing a person as a good goal to have in life... But his case was unique, as all cases of homicide are.

oleheat · Dec 23, 2014

olivs260 said:
My personal opinion. I just don't see killing a person as a good goal to have in life... But his case was unique, as all cases of homicide are.

I don't disagree.

4-14 · Dec 23, 2014

Texas also allows you to chase down and kill someone who has stolen your stuff. There was a case where a guy called a prostitue. She stole his money and didn't put out. She ran(drove off), he followed and shot her in the neck. She later died. He was cleared of any wrongdoing.

MOTOR51 · Dec 23, 2014

oleheat said:
But does what he did make Joe Horn a bad person who needs help?

The State of Texas doesn't seem to think so.

Joe horn needs help for sure. I have listened to the audio of the 911 and he should have stayed inside. He's lucky he didn't shoot a plain clothes detective or get himself shot. And for what, some cash and jewelry. Give me a break

oleheat · Dec 23, 2014

Well, I will not compare him to a criminal, or judge him. Besides- a grand jury already did. If indeed that is an unjust law- or if enough people believe it is- then they should work to change it. But don't look for it.

It's been pretty effective.

olivs260 · Dec 24, 2014

MOTOR51 said:
Joe horn needs help for sure. I have listened to the audio of the 911 and he should have stayed inside. He's lucky he didn't shoot a plain clothes detective or get himself shot. And for what, some cash and jewelry. Give me a break

100% agree. He might not have been judged guilty, but he has to live with his actions for the rest of his life. Bottom line- he killed people over somebody else's stuff. That's just messed up...

Gus McCrae · Dec 24, 2014

Shooting someone is always a bad thing. You'll likely get screwed one way or another even if you were in the right. Killing someone over property is not likely worth it. You should only resort to it when life or grave bodily harm are at stake.

Joe Horn was in the legal right in Texas, but he had to go through quite a lot.

Vermiform · Dec 24, 2014

olivs260 said:
100% agree. He might not have been judged guilty, but he has to live with his actions for the rest of his life.

After listening to him on the tape, I don't think he's losing any sleep over it. :dogkeke:

oleheat · Dec 24, 2014

Vermiform said:
After listening to him on the tape, I don't think he's losing any sleep over it.

No, I doubt there are any emotional scars....

So I wonder how much loot the two drug-dealing, house pillaging illegals thought was worth dying for, anyway? Most reports I remember seeing described it as a "sack full of jewelry and cash".

I also remember the New Black Panther Party descended on the neighborhood where it took place to stage a protest- and discovered QUICKLY that Texas is a place where sympathy towards criminals is scarce.

Ritten · Dec 24, 2014

The shooter in the OP getting convicted is BS. Everyone knows that the garage is an extension of your home!

Lethal force to protect property?

The Best online firearms community in Louisiana.

Member Benefits:

Active Member

La. CHP Instructor #409

Not a Fed.

*Banned*

Well-Known Member

Active Member

Well-Known Member

Professional Amateur

Well-Known Member

Professional Amateur

treat never keep keep

Well-Known Member

Professional Amateur

Well-Known Member

No sir, I ain't.

Free Candy!

Professional Amateur

SSST Mad Scientist

Log in

Forum statistics

Banned