TexasCHLforum.com

Jumping Frog wrote:

digitalpoodle wrote: There is some personal property in my GSA car. am I able to defend it as it were my own car on my driveway (it's parked in a open parking lot) with deadly force?

The question of deadly force does not depend upon whether your property is in your own vehicle or a government-owned vehicle.

In general, you are not justified in using deadly force for burglary of a vehicle.

There is an exception in the rule for "theft during nighttime", but then you have the burden to prove:

(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.

Personally, there is nothing in my car worth the $10,000 or so I would need to pay an attorney just to start on my case. Regardless of my legal justification, I have made an economic decision that I am not going to shoot someone over my car or its possessions.

Now, put me or my loved one inside the car, and turn it into robbery instead of burglary of a vehicle, and that is a different story.

RPBrown wrote:I have a few questions before I can provide my .02.
1) Was this at your place of employment and was it a personel car they were breaking into. If so, you call 911 and be a good witness.
Was in the parking lot of my office.

2) Did you have your personel vehicle in the lot as well?
Yes

3) If at your place of employment, how would you be armed as any federal building is a no-no as is a federally owned vehicle?
The building is not a federal building, Army Corps of engineers rents out one office in a private office building for my use. Inside my office (since its rented out by the federal govt) is a firearms free zone but the rest of the building isnt.

4) Is the parking lot also off limits for carry. i.e. Bureau of engraving.
No, its open for public use and for the employees of the building.

RoyGBiv wrote:If you suspect that you are observing a theft, call 911.
Unless you are 1000% certain, do not use force of any kind. "Stuff" can be replaced, your freedom cannot.
There are laws regarding use of force (including deadly force) to protect property.
You can find them in CHL-16 HERE. (Link will open PDF file, see page 60-61),

Topbuilder wrote:Welcome to the forum.
Shield as in a S&W M&P Shield?