GUNS DON'T KILL

In this case it's not an accidental shooting. He shot exactly who he intended to shoot. The drunk is the one at fault. You live with it. Originally Posted by Budman

No it's not an accidental shooting. But unless your state has the "Castle Law" you have broken the law and could be arrested. You have to prove that your life was in danger when you fired your weapon. As you stated earlier, and I agree, I don't know how often people are arrested and convicted in such cases.

It seems to be a very easy job to convince the police that you felt your life was in danger. Your door was kicked in. Case closed.

In your world what would it take?

You are a sicko if you think shooting a dumb ass drunk is a good kill ... Originally Posted by i'va biggen

How do you know the guy who just kicked in your door at 4 in the morning is just a "dumb ass drunk" who's at the wrong house? Are you suggesting that we give the invader a breathalyzer test first? American law is based on what a "reasonable man" would conclude. If someone smashes their way through your locked door in the early morning hours, a reasonable man would conclude that the invader is not there for a friendly social call. There is reasonable justification to fear for your life and the lives of others in the house. Therefore you would be legally justified in using deadly force to stop the intruder.

It is the fault of the "dumb ass drunk" that he got shot. If he had not of gotten drunk and broken into the wrong house, he wouldn't have gotten shot. And who is to say that this drunk wouldn't have assaulted the people in the house? It's clear he was in a drunken rage to have kicked his way into the house, wrong or not.

+1 What the hell are you going to say to an enraged drunk knocking your door down? "Hey, you sure you got the right house?" Boy, some people are stupid. It's not the gun's fault, it's the drunk's fault.

Under the fairly recently passed "Castle Law" in Texas, Originally Posted by SpeedRacerXXX

What "fairly recently passed "Castle Law" in Texas"?

You all read too much OP-Ed from the Austin rag in Cedar Park.

Texas Penal Code: Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994."

The last "upgrade" was in 1994 ... "fairly recent" ??? AND

the use of deadly force has been allowed to protect one's property for a long time ... !

The standard by the way is NOT from the perspective of the invader who is kicking in the door or the gf next door ...

the perspective is from the person inside the house whose door is getting kicked in a 4 a.m. ... AT THE TIME THE DOOR IS GETTING KICKED IN ...

and NOT after the gf explains to police why her bf was drunk and that he probably had the wrong door!

When someone kicks my door at 4 a.m. in the morning it is REASONABLE FOR ME TO CONCLUDE that the person is committing:
burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;

and knows I am in the house and doesn't give a shit!

So it is REASONABLE for me to believe that the only way I am going to prevent myself and MY family from being hurt is to use deadly force to stop the person.

FYI: Kicking in a door is "criminal mischief"!!!!!!!!

Here's a "true story" even in Austin ...

A little over 40 years ago a guy was "stitched" by his wife with .357 mangum through the sliding glass doors at their house when he came home drunk and she thought it was someone trying to burglarize the house .... no charges.

Around that same time a guy I knew was hit twice in the legs with .380 rounds by his wife when he came home drunk and was bouncing off the walls of the entry way and she thought it was someone trying to break in the house ... he lived....... no charges.

Years ago in Fort Bend county a guy was trying to open a kitchen window in the back of the house with a screw driver and the housewife inside drilled his ass with .357 magnum (literally blew his heart out the back) ...dead when he hit the ground .... no charges.

May be in Cedar Park it is socially correct to kick in folks doors when drunk, but I wouldn't transport that concept tot he rest of the State of Texas! Even Travis County.

The law in most states is that you must be in danger, pretty much fear for your life, before you can legally use a weapon in deadly force. This homeowner's life was not in anyway in danger. No idea whether people in such incidents have been charged or not.

I do know that recently in nearby Round Rock. Texas, a homeowner saw a suspicious individual hiding under his car. Guy got out from under the car and started running. Homeowner shot and killed him, I believe. At the least wounded him. He was arrested since his life was never endangered. Originally Posted by SpeedRacerXXX

Do you know what side of the street you are supposed to walk on as a pedestrian in Texas? 1001, 1002, 1003 ....

And did you know you can get arrested for walking on the "wrong side of the street" in Texas?

Would I shoot someone running away from having crawled out from underneath my car in the driveway outside of my house? No.

Would I shoot someone kicking in my door at 4 a.m.? Yes. Double-tap center mass.

I would hope he lived so that "we" could ask him why he didn't knock, first.

And BTW my family and my friends have a pact with each other ... we call first and knock first. Otherwise, we are forgiven in advance.

Do you toss out the examples to prove a point? Just asking.

But unless your state has the "Castle Law" you have broken the law and could be arrested. You have to prove that your life was in danger when you fired your weapon. As you stated earlier, and I agree, I don't know how often people are arrested and convicted in such cases. Originally Posted by SpeedRacerXXX

Bullshit ... pure bullshit. It's what I call "Reader's Digest" law.

"You have to prove that your life was in danger when you fired your weapon." Wrong!!!!

I think we should go back to the good 'ol days depicted in cowboy movies where everyone has observed carry and the fastest gun wins.fuck

+1 What the hell are you going to say to an enraged drunk knocking your door down? "Hey, you sure you got the right house?" Boy, some people are stupid. It's not the gun's fault, it's the drunk's fault. Originally Posted by CuteOldGuy

I blame video games.

I blame video games. Originally Posted by Doove

Don't blame the only thing that StupidOldFart has ever been declared a winner.

He clearly has a totally worthless existence!

It seems to be a very easy job to convince the police that you felt your life was in danger. Your door was kicked in. Case closed.

In your world what would it take? Originally Posted by Budman

I am hardly an expert on the subject, but my understanding is that unless the intruder has a dangerous weapon in his/her possession, self defense is harder to prove. Not impossible, but harder. When you take someone else's life, it should be very close to 100% justified. Scenario -- You hear your door kicked in and come into a room, gun drawn, and see an unarmed man maybe 10 feet away from you, not threatening you at all. Do you have the right to shoot him? In my opinion, no. Would you get away with it? Probably.

I am hardly an expert on the subject,... Originally Posted by SpeedRacerXXX

You should have stopped posting right there ....

-- You hear your door kicked in ... not threatening you at all. Originally Posted by SpeedRacerXXX

Friend, kicking your door in is .... "threatening you" ...

.... even in Cedar Park.

Just a rhetorical question ...

.. how do you know there is only one person there?

If there is another one ... you;re probably dead anyone.

What part of the following do you NOT understand:

Texas Penal Code: Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

In your world what would it take? Originally Posted by Budman

Budman, I think he's a school teacher.

Do you toss out the examples to prove a point? Just asking. Originally Posted by LexusLover

I am not trying to make a point. Simply looking to find out other people's views on a TRUE happening.