Return to “This shooting happened a few miles from me, your thoughts...”
Thats why I always thought that after the legislative process was complete, and the bill was passed by majority vote, and then signed by the chief executive (either govenor or president) that was it...seamusTX wrote:According to the Texas constitution, laws normally go into effect no earlier than 90 days after the conclusion of the legislative session, which boils down to September 1. Sometimes they go into effect January 1 of the next year.stevie_d_64 wrote:I thought that the applicability of a law that is signed into law by the President or Govenor of a state, that that law immediately goes into effect???
The Texas constitution allows for emergency legislation to go into effect sooner, but it must be requested by the governor and passed by a supermajority.
The U.S. system is different. A federal law can go into effect when signed by the President, or ten days later if he doesn't sign or veto the bill (I'm leaving out a few special cases).
- Jim
I thought that the applicability of a law that is signed into law by the President or Govenor of a state, that that law immediately goes into effect???In fact, the Shelby County shooting would not be justified under the state's new "Castle Doctrine," which gives homeowners more rights to protect their property with deadly force.
According to Nacogdoches District Attorney Stephanie Stephens, the new law, which goes into effect in September, takes away a homeowner's duty to retreat from a threat, and also extends use of deadly force to an occupied vehicle, as well.
I agree, some excellent points here...frankie_the_yankee wrote:But I have a right to order him to stop messing with my property. And if I do, and he turns his attention from the property to me, it then becomes an unprovoked threat to my life. And I will shoot to protect my life.
From the tone of the DA's comments, I think there is more to this story than what was in the report. She seems inclined to cut the guy a break if she can.
I suspect that the old guy ordered the BG to stop, the BG came at him and the old guy shot him. Unless the old guy blabs his way into prison, the grand jury will probably no bill him.
Note: The fact that the guy was a well-known drug maniac has no bearing on things, unless the old guy knew it at the time. If he did, he would have reason to presume the guy was a threat. But if he didn't, it's a matter of historical interest only.
I personally do not believe it is up to any of us to determine to a great length of certainty this aspect of someone acting against you in this way...Like the law implies, you must "reasonably" determine, not "absolutely" determine that the threat requires a degree of force to stop...I believe we all practice good judgement in this regard, and in most cases our judgement saves lives and property...No one knows why Fountain behaved the way he did Sunday afternoon, but authorities suspect his actions may have been drug-related, and Fountain has a criminal history of erratic behavior.
Technically I say she's right, and again I believe we all practice good judgement in this regard..."According to Section 9.42 of the Texas Penal Code, a person is justified in using deadly force against another to protect land or property to prevent arson, burglary, robbery, aggravated robbery, theft or criminal mischief during the nighttime.
"That means you have the right to defend your property at night with deadly force, but not in broad open daylight," Russell said.
"Now, if an intruder is in your home, you can shoot them whether it's daylight or dark," she said. "But according to the law, property is not as valuable as human life."