Who hit the Gate?

   / Who hit the Gate? #31  
txhawg

SSS, shoot shovel and shaddup /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Death penalty for tresspassers, I could go for that. /forums/images/graemlins/shocked.gif
 
   / Who hit the Gate? #32  
</font><font color="blue" class="small">( txhawg

SSS, shoot shovel and shaddup /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Death penalty for tresspassers, I could go for that. /forums/images/graemlins/shocked.gif

)</font>

As far as I know they have death penalty for Trespassers in TX. I don't know if it is totally true or not but I did read a law for Texas that said it was still legal to shoot anyone caught tespassing on your property after sunset. That is my kinda laws /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif
 
   / Who hit the Gate? #33  
In New Hampshire we put a 6" pvc tube over the bar, then put the reflective tape they put on tractor trailers because people kept hitting the gates.
 
   / Who hit the Gate? #34  
Damadman, No you can't shoot trespassers in Texas after sunset. You must be thinking of this from the Texas Penal Code, Chapter 9 section 9.42, and then you will still have to appear before the Grand Jury and they will decide weather or not to indite you for murder.


§ 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 [0], or criminal mischief during the nighttime [0]; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime [0] 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
 
   / Who hit the Gate? #35  
Well crap, I guess I need to stop shooting these guys. /forums/images/graemlins/blush.gif
 
   / Who hit the Gate? #36  
</font><font color="blue" class="small">( Damadman, No you can't shoot trespassers in Texas after sunset. You must be thinking of this from the Texas Penal Code, Chapter 9 section 9.42, and then you will still have to appear before the Grand Jury and they will decide weather or not to indite you for murder.


§ 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 [0], or criminal mischief during the nighttime [0]; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime [0] 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
)</font>

Well that is a helluva lot better than Maryland. If you shot someone to stop them from fleeing after a roberry in Maryland you would just be tried, convicted and proverbially hung within a matter of hours.
I still like Texas's way a lot better than MAryland's way of thinking. That's one reason I am getting the heck out of Maryland soon.
 
   / Who hit the Gate? #37  
INAL, but google tells me that even in Florida the property owner is unlikely to lose that case (which is different from saying the burglar cannot sue).

"When a property owner is unaware of the presence of the trespasser, they usually do not have to warn the trespasser of existing dangers or make their property safe for the benefit of the trespasser."
 
   / Who hit the Gate? #38  
</font><font color="blue" class="small">( That is unbelievable. I don't know how he could only be injured and not killed. )</font>

Just watch this genious designated driver try to sue someone! /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif
 
   / Who hit the Gate? #39  
</font><font color="blue" class="small">( Well crap, I guess I need to stop shooting these guys. )</font>


Heheheheh..... /forums/images/graemlins/grin.gif

(me too, theys stackin up like cordwood) /forums/images/graemlins/blush.gif
 
   / Who hit the Gate? #40  
"That is unbelievable. I don't know how he could only be injured and not killed. Must have an angle watching over him."

And judging by the picture, it must have been at least a 30 degree "angle"... /forums/images/graemlins/grin.gif
 

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