Texas Heat!

[ultrarunner]

The rancher would be out of business and if that happened here...

Deadly force cannot be used for property crimes... so says the DA...

Last night I called 911 to report a huge garbage truck illegal dumping on the freeway right of way... saw the whole thing. Not much they can do and the purps know that... all 4 of them.

Would have been great if the nice shinny white dump truck would have been impounded and sold...

 

[Bird]

Deadly force cannot be used for property crimes... so says the DA...

In your state, maybe, but it sure can be used in Texas. The following quote is just part of Sec. 9.42 of Penal Code. If you want to read more of it you can do that at this website.

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

 

[two_bit_score]

In your state, maybe, but it sure can be used in Texas. The following quote is just part of Sec. 9.42 of Penal Code. If you want to read more of it you can do that at this website.

A fleeing nighttime thief can be legally shot in the back and killed in Texas.

 

[jinman]

Say hay-lo to my leetle frien'.:laughing:

 

[NativeSon]

Quote:
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

In your state, maybe, but it sure can be used in Texas. The following quote is just part of Sec. 9.42 of Penal Code. If you want to read more of it you can do that at this website.

God Bless Texas........We should shoot the guys out here in East Texas starting fires just like we would looters.

Charlie

 

[blueriver]

Well they hang a horse theif ... and darned if that market is terrible, some horse's on CL are being given away ... so I guess when one is stealing a bale of green gold they should be shot on sight.

 

[bindian]

In your state, maybe, but it sure can be used in Texas. The following quote is just part of Sec. 9.42 of Penal Code. If you want to read more of it you can do that at this website.

Bird,
The key words here are................criminal mischief during the nighttime; or. As I understand it from my CHL refresher course, I can shoot someone in my house at night, but not during daylight in my house, unless him or her takes something out of my house. Regular trespassing is not a reason for deadly force, but regular trespassing becomes criminal trespassing if they take something during the day. So I always leave my doors locked during the day, to keep out the riff raff if any try to just stop in for some cool air.
hugs, Brandi

 

[bindian]

My gage showed .16", so I guess we had some of he heaviest rain around.

Jim,
Hehehe.:laughing: Mark me down for .24". Just the last two hours. That would have overflowed Bird's new rain guage.
hugs, Brandi

 

[ustmd]

I am on a common road with 3 neighbors. The water company had a pipe break (on their side of the meter) last night where our rood meets the county road.

My neighbors and I spend 3 hours standing around trying to figure out what all the wet and sticky stuff was on the ground. It had been some long since any of us have seen rain, we had forgotten what mud looks like.:laughing:

 

[Patriotic Stabilist]

Braggard!

 

[bindian]

Just got my nails done, so I have the latest gossip from town.:laughing: Seems that last Saturday, some teens were smoking in the woods behind Panarama subdivision between Willis and Conroe. Panarama is a fancy golf subdivision with a lot of elderly couples living there. It is across I-45 from me and about a 8 minute drive from here. They accidently lite the woods on fire and tried to put it out and could not. They called 911. Before the fire trucks could get there, it was out of hand. They called in a large fire bomber (that was said to be close by) to knock it out.

Now, I really wanna know what plane it was.:confused3: One of the ladies said it reminded her of the plane her husband flew in the war. WWII. Now I thought all WWII fire bombers were retired. I wonder if it was a Neptune, the 4 engine turboprop. Edit....Oops, I mean Orion.

I don't think the Canadair CL-215s could be confused as a WWII bomber, could it? Maybe by a little old lady. But the CL-215 sure sounds like a WWII bomber, because they use the same round engines.:thumbsup: If it was a CL-215, it could have been scooping out of Lake Conroe.

I'm gonna do some snooping at Montgomery County Airport tomorrow.
hugs, Brandi

 

[bindian]

I am on a common road with 3 neighbors. The water company had a pipe break (on their side of the meter) last night where our rood meets the county road.

My neighbors and I spend 3 hours standing around trying to figure out what all the wet and sticky stuff was on the ground. It had been some long since any of us have seen rain, we had forgotten what mud looks like.:laughing:

I went to the hangar at Hobby today to see my boss and pick up some passes and tools. At the light, just before the airport, I saw water running down the curb into a gutter. This road is always having problems and I looked off into the field at the approach end of the runway and I saw water gushing up about a foot.:licking: Mark another busted Houston water pipe. Wish that water was running into my pond.
hugs, Brandi

 

[Patriotic Stabilist]

I've seen that plane go over a few times. I think it comes from the reserve unit at the Conroe airport?? Don't those blackhawks come out of there too? They seem to have a flight path across our house, I'm guessing to Bush IAirport. You sure know when one of those is flying over.

 

[bindian]

I've seen that plane go over a few times. I think it comes from the reserve unit at the Conroe airport?? Don't those blackhawks come out of there too? They seem to have a flight path across our house, I'm guessing to Bush IAirport. You sure know when one of those is flying over.

No, the Army Reserve @ Montgomery County Airport has Apaches and a few Cobra attack helicopters based there. Don't remember seeing any Blackhawks based there. Maybe a few transits. I used to work there when that facility was new, years ago. I loved working there.

Military aircraft tend to stay away from large commerical airports, so I don't think IAH. Attack helicopters and their scouts tend to make their own flight paths a little different each flight. Now that is fascinating watching a scout pop up over the trees and look, then scoot down and let the attack helos do their work.

Can you describe the plane you have seen go over a few times?
hugs, Brandi

 

[bindian]

Got this from a shooting buddy. Seems we have some USAF C-130 firebombers in the area.
hugs, Brandi

DOD aircraft join firefighting efforts in Texas, Northwest US

DOD aircraft join firefighting efforts in Texas, Northwest US

 

[Western]

Bird,
The key words here are................criminal mischief during the nighttime; or. As I understand it from my CHL refresher course, I can shoot someone in my house at night, but not during daylight in my house, unless him or her takes something out of my house. Regular trespassing is not a reason for deadly force, but regular trespassing becomes criminal trespassing if they take something during the day. So I always leave my doors locked during the day, to keep out the riff raff if any try to just stop in for some cool air.
hugs, Brandi

If they are in your house, (without your consent) they are committing burglary of a habitation, day or night.

Also this
SUBCHAPTER C. PROTECTION OF PERSONS

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the 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 aggravated kidnapping, murder, ****** assault, aggravated ****** assault, robbery, or aggravated robbery;

(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.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

If I'm at home and someone breaks in, it may be "shots fired", I am not running out the back door of my own home.

 

[bindian]

If they are in your house, (without your consent) they are committing burglary of a habitation, day or night.

Also this
SUBCHAPTER C. PROTECTION OF PERSONS

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the 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 aggravated kidnapping, murder, ****** assault, aggravated ****** assault, robbery, or aggravated robbery;

(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.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

If I'm at home and someone breaks in, it may be "shots fired", I am not running out the back door of my own home.

Western,
You are so right. But the key word you have in RED is the word "forced". Going thru an unlocked door is not considered forced, so it is just trespassing in daylight.....until the person trespassing takes something, like a beer out of your ice box. Then it is criminal trespassing and you can shoot with deadly force, even in daylight.
hugs, Brandi

 

[bindian]

If I'm at home and someone breaks in, it may be "shots fired", I am not running out the back door of my own home.

Correct. Break ins are shoot and reload. Stand your ground. Someone broke in, they did not walk through an unlocked door.

Walking in through an unlocked door, during daylight, and the person has not taken anything or threatened you, and goes and lays on your couch, it is just trespassing.
hugs, Brandi

 

[tungularafishcamp]

I dont understand why it is different for daylight vs dark, can anyone enlighten me on the reasoning?

 

[ultrarunner]

Seems when it comes to thieves Texas and Ca are as different as night and day...