Is It True In Texas You Can Shoot Anyone On Your Property??
I was talking to a guy and he says anyone comes on his fukkin land he can just shoot??
Huh??
Is this true??
Extra Innings
SBR Posting Legend
02-26-10
15058
#2
Makes sense...why not
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LordVodka
SBR Hall of Famer
08-17-09
5206
#3
Hmmm doubt it unless there is an actual threat. If someone breaks into your house than you can shoot them.
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SamsNCharge99
SBR Aristocracy
10-22-08
41242
#4
yea you can, but then you get arrested afterwards
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jjgold
SBR Aristocracy
07-20-05
388179
#5
You do that in NJ your going to need a good lawyer and cost you like $25k to try and get you off the charges
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jjgold
SBR Aristocracy
07-20-05
388179
#6
Originally posted by SamsNCharge99
yea you can, but then you get arrested afterwards
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Extra Innings
SBR Posting Legend
02-26-10
15058
#7
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
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.
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playersonly69
SBR Posting Legend
01-04-08
12827
#8
ONLY if you feel that your life is in danger and your family
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Extra Innings
SBR Posting Legend
02-26-10
15058
#9
I can shoot you if you go on my neighbor's property
Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
Source: Texas Penal Code
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chilidog
SBR Posting Legend
04-05-09
10305
#10
The Texas law protects citizens when an intruder is:
1.) committing certain violent crimes 2.) unlawfully trying to enter a protected place or, 3.) unlawfully trying to remove a person from a protected place.
The law also provides civil immunity for a person who lawfully uses deadly force in the above circumstances.
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THE PROFIT
SBR Posting Legend
11-27-09
17701
#11
I can shoot anyone that comes on my property, too.
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nosniboR11
SBR Posting Legend
09-02-08
10042
#12
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Extra Innings
SBR Posting Legend
02-26-10
15058
#13
Read the LAWS men
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nosniboR11
SBR Posting Legend
09-02-08
10042
#14
I love TEXAS
Go RANGERS
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Extra Innings
SBR Posting Legend
02-26-10
15058
#15
Originally posted by chilidog
The Texas law protects citizens when an intruder is:
1.) committing certain violent crimes 2.) unlawfully trying to enter a protected place or, 3.) unlawfully trying to remove a person from a protected place.
The law also provides civil immunity for a person who lawfully uses deadly force in the above circumstances.
It's probably not advisable to kill someone for trespassing but the way I interpret the law, I would feel comfortable shooting first and asking questions later.
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nosniboR11
SBR Posting Legend
09-02-08
10042
#16
shoot first and always forget to answer any questions
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Deuce
BARRELED IN @ SBR!
01-12-08
29843
#17
Can do that anywhere in the US with probable cause.
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TPowell
SBR Posting Legend
02-21-08
18842
#18
not sure but in Kentucky, you CANT shoot somebody if they aren't using deadly force. (you can't bring a gun to knife fight)
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Mr Windy City
Restricted User
12-27-09
5018
#19
JJ, Watch this. AWESOME
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Nicky Santoro
SBR Posting Legend
04-08-08
16103
#20
no way this can be true or everyone would be shooting anyone they don't like. if you shoot someone walking on the sidewalk, and then you say he was on your lawn, then how can you prove it? there are no witnesses. it's so easy to say he was on my lawn and then shoot him. if i saw some guy i didn't like from high school walking in front of my house, and i shot him and said he was on my lawn, you're telling me i won't get arrested?
no way
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Brock Landers
SBR Aristocracy
06-30-08
45359
#21
One of the few cases of justifiable homicide....killing someone who breaks into your house. They are fair game
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Extra Innings
SBR Posting Legend
02-26-10
15058
#22
Originally posted by Mr Windy City
JJ, Watch this. AWESOME
AMEN
Police initially identified the dead men in Horn's yard as 38-year-old Miguel Antonio DeJesus and Diego Ortiz, 30, both of Houston of Afro Latino descent. However, DeJesus was actually an alias of Hernando Riascos Torres, 38.[3] They were carrying a sack with more than $2,000 cash and jewelry taken from the home. Both were convicted criminals from Colombia who had entered the country illegally, and were members of an organized burglary ring in Houston.[1] Police found a Puerto Rican identification card on Ortiz while Torres had three identification cards from Colombia, Puerto Rico, and the Dominican Republic, and had been previously sent to prison for dealing cocaine and was deported in 1999.[6]
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Deuce
BARRELED IN @ SBR!
01-12-08
29843
#23
Originally posted by Mr Windy City
JJ, Watch this. AWESOME
Sounds like Anthony Richkas. The dif is Richie wouldn't have called the cops he would have just went over and shot the fukkers right off the fukking porch.
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Shonner
SBR MVP
09-05-10
1361
#24
Originally posted by playersonly69
ONLY if you feel that your life is in danger and your family
Exactly.
Unless you are in Texas.
In Texas anything goes. Do you remember Joe Horn? He shot and killed 2 guys that were on his neighbors property (robbery) that were no thread to him. He was on the phone with 911 and they told him not to shoot. Joe horn shot and killed both of them with a shot gun. He got off.
One vital piece of evidence were segments of Mr. Horn’s 9-1-1 calls which could have possibly incriminated Mr. Horn or shown his innocence. The most scrutinized segment is presented below:
Joe Horn: “I’ve got a shotgun; do you want me to stop them?”
The Pasadena emergency operator responded: “Nope. Don’t do that. Ain’t no property worth shooting somebody over, O.K.?”
Mr. Horn said: “But hurry up, man. Catch these guys will you? Cause, I ain’t going to let them go.”
Mr. Horn then said he would get his shotgun.
The operator said, “No, no.” But Mr. Horn said: “I can’t take a chance of getting killed over this, O.K.? I’m going to shoot.”
The operator told him not to go out with a gun because officers would be arriving.
“O.K.,” Mr. Horn said. “But I have a right to protect myself too, sir,” adding, “The laws have been changed in this country since September the first, and you know it.”
The operator said, “You’re going to get yourself shot.” But Mr. Horn replied, “You want to make a bet? I’m going to kill them.”
Moments later he said, “Well here it goes, buddy. You hear the shotgun clicking and I’m going.”
Then he said: “Move, you’re dead.”
There were two quick gunshots, then a third, and the 9-1-1 call ended.
“I had no choice,” Mr. Horn said when he got back on the line with the dispatcher. “They came in the front yard with me, man.” [1]
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nosniboR11
SBR Posting Legend
09-02-08
10042
#26
love this
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Mr Windy City
Restricted User
12-27-09
5018
#27
Originally posted by Shonner
Exactly.
Unless you are in Texas.
In Texas anything goes. Do you remember Joe Horn? He shot and killed 2 guys that were on his neighbors property (robbery) that were no thread to him. He was on the phone with 911 and they told him not to shoot. Joe horn shot and killed both of them with a shot gun. He got off.
absolutely. this law was written in order to rid certain neighborhoods of certain "undesirables"..............usually a bait house will feature a giant flatscreen tv thru a picture glass window, then the front door will be left wide open. no cars in the drive way as to get the perp thinking no one is home. but inside ppl are waiting with guns loaded
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Shonner
SBR MVP
09-05-10
1361
#29
Originally posted by Mr Windy City
Shooner. Post #19 pal.
Sorry bud, got excited and posted without reading.
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Extra Innings
SBR Posting Legend
02-26-10
15058
#30
Come on my property and I assure you will leave in a body bag....I don't care if your selling Girl Scout Cookies
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Shonner
SBR MVP
09-05-10
1361
#31
If this was in NY or NJ this guy would be doing 30 to life
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pavyracer
SBR Aristocracy
04-12-07
82690
#32
Yeah if you are a black guy JJ try to shoot a white guy on your property and see what happens in Texas.
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Domer
SBR MVP
01-21-10
1046
#33
commonly called the castle doctrine and yeah it applies to texas
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Shonner
SBR MVP
09-05-10
1361
#34
Someone comes on my property guarantee you they never walk off alive