The Engineer,
Beanbag rounds are easily purchased by almost anyone. Most good gun shops can get them for you to fit a standard 12 gauge shotgun. Here is one mail order supplier for you (note they are expensive this way).
BUT, you need to understand that at close ranges, even these rounds tend to be lethal. There are minimum distances you can use them at where they have had time to bleed off some of the velocity.
Even more importantly, even a beanbag round is a shot from a firearm. The law defines firearms as deadly force, so you would need the exact same justification to use them as a regular round.
As a result of the above, I don't recommend this for non-law enforcement specialty situations. I can see several reasons why you might want them, but I would be afraid the subconscious thinking of less or non-lethal might make me to quick to shoot. And if I did NEED to shoot, I would want real rounds for the obvious reasons.
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Return to “Almost shot him....”
- Fri Nov 06, 2009 12:08 am
- Forum: General Texas CHL Discussion
- Topic: Almost shot him....
- Replies: 40
- Views: 6808
- Wed Nov 04, 2009 11:35 pm
- Forum: General Texas CHL Discussion
- Topic: Almost shot him....
- Replies: 40
- Views: 6808
Re: Almost shot him....
fastscooby,
You are correct that the OP would probably have met the legal justification under the theft at nighttime law. If someone is going through your property when you catch him, as a general rule, you can legally assume he is attempting to steal stuff. On the other half of the question, you cannot legally shoot for criminal trespass. And, criminal mischief is a specific crime defined in the penal code and it does not have trespass as an element of it.
On a very fine technical note, if he was urinating against the tire, you might have been legally justified for the criminal mischief during nighttime part. CM includes those things which are just an annoyance to the owner, such as toilet papering the house (a much more famous example). But, even though the law does say it is allowed, I strongly suggest you not shoot for minor criminal mischief. I don't think most juries would agree that the law intended to get drunks shot for urinating or kids for toilet papering. I think the historical justification would be more along the lines of cutting fence wire (a lot of our laws date back to reconstruction era activities).
You are correct that the OP would probably have met the legal justification under the theft at nighttime law. If someone is going through your property when you catch him, as a general rule, you can legally assume he is attempting to steal stuff. On the other half of the question, you cannot legally shoot for criminal trespass. And, criminal mischief is a specific crime defined in the penal code and it does not have trespass as an element of it.
On a very fine technical note, if he was urinating against the tire, you might have been legally justified for the criminal mischief during nighttime part. CM includes those things which are just an annoyance to the owner, such as toilet papering the house (a much more famous example). But, even though the law does say it is allowed, I strongly suggest you not shoot for minor criminal mischief. I don't think most juries would agree that the law intended to get drunks shot for urinating or kids for toilet papering. I think the historical justification would be more along the lines of cutting fence wire (a lot of our laws date back to reconstruction era activities).