Defense of property?

[twoguns?]

What if I pull up to my home and notice the front door is kicked in...a complete stranger is walking out of my house ..carrying my flat screen TV .I pull my carry weapon and ..then?
.
It happened in Lawton a couple years ago...not to me...

 

[MLR]

From my reading of the answers on this thread the Laws do not have to conform to the Constitution. The laws passed by the legislature supersede the Constitution. I had always thought it worked the other way around.

Michael

 

[vvvvvvv]

From my reading of the answers on this thread the Laws do not have to conform to the Constitution. The laws passed by the legislature supersede the Constitution. I had always thought it worked the other way around.

Michael

I actually responded to a comment on my blog about a similar matter that can also address your post. Now that I think about it, I probably would have been well served to write another blog post.

 

[spd67]

What if I pull up to my home and notice the front door is kicked in...a complete stranger is walking out of my house ..carrying my flat screen TV .I pull my carry weapon and ..then?
.
It happened in Lawton a couple years ago...not to me...

I think you would be good to go to pull your gun...your at your house, you have a theif, his intent to break in and steal from you is evident, just because you pull your gun does not mean you have to use it, by pulling it you are just getting the drop on him before he can get the drop on you...I got no problems there and I don't think any one else would. Chances are good that he would stop and comply with your commands, but if he charges you or threatens you and you feel your life is threatend or if you feel you may recive great bodily harm then by all means shoot. You have the right to stand your ground.

That does not mean you can just pull a gun and shoot the guy for stealing your television without fear of death or great bodily injury.

 

[nofearfactor]

...just keep a small supply of crappy 'throwdowns' around to have something to put in the BGs hand before the cops get there after youve shot them for breaking into your truck or your house. Shows your life was threatened, right?..(just kidding. or am I?).

 

[HiPower]

Nope. You're outside. He's inside. You had the opportunity to flee, simple as that. You were foolish to enter.

Though I admit it's a grey area. You may have suspected the house to be empty. Either way, you can save yourself by calling 911 and letting them enter with you.

Nothing in the SDA says you must be inside the house in order to act against someone breaking in, and as you are someplace that you are legally entitled to be there is no duty to retreat.

 

[john.beck49]

You need to move to Texas in order to defend your property with deadly force.

 

[twoguns?]

You need to move to Texas in order to defend your property with deadly force.

Plese if I have to move to texas , just go ahead and shoot me...JK
The rest of the story..several yrs ago a guy was coming home from work,walking up his driveway. A young man from a smaller town near here was walking out of his house carrying his tv.
The guy pulled his carry weapon (ccw holder), ordered the young man to the ground.
dialed 911, told the operater he had someone on the ground thats was breaking into his house.
The 911 call was recorded the young man started to get up, the guy told him...dont get up...dont do it ..then you heard ...2 shots..the guy told he 911 operater to send an ambulance ...he had to shoot the young man
It was all recorded on the 911 call.
The young man died later at the hospital.
Turns out he was a well known ..well liked young man who played on the high school football team.
Had never been in much trouble..seemed like he just picked the wrong house to burglerize.
The DA didnt file charges.....justified shooting....
But a young man was still dead......

 

[beast1989]

I think you would be good to go to pull your gun...your at your house, you have a theif, his intent to break in and steal from you is evident, just because you pull your gun does not mean you have to use it, by pulling it you are just getting the drop on him before he can get the drop on you...I got no problems there and I don't think any one else would. Chances are good that he would stop and comply with your commands, but if he charges you or threatens you and you feel your life is threatend or if you feel you may recive great bodily harm then by all means shoot. You have the right to stand your ground.

That does not mean you can just pull a gun and shoot the guy for stealing your television without fear of death or great bodily injury.

you couldnt have been more spot on brother.

 

[beast1989]

What do you guys think about this, business clerks shoot burglars nearly everyday for trying to steal money (think typical gas station scenario) which of course is property. Whether the person is unarmed or armed, having a mask on and scaring the shyt out of everyone during their heist is cause enough to get them shot. Money is a possession just like a tv or anything else yet when the clerk pulls out the revolver from under the register instead of cash and gives the robber one to the hip we clap our hands and chalk up another tally mark for the "good guys". The robber is not "breaking in" and they are only asking for money.

In many cases the robber is just saying "give me your money" and doesnt threaten actual physical harm yet it falls under the castle doctrine. (?) Enough jabbering from me...