not saying I wouldn't shoot also but I would put myself between dogs so it would have to go through me there by becoming a threat to me. I will disagree on the "another" meaning as to be another it would have to be of the same "something" and since it begins with "A person" it is implied to be another person.RottenApple wrote:If it said "another person", I would agree with you. However in this usage, "another" is anyone/thing (such as an animal) other than the person who is justified.suthdj wrote:just to be the devils advocate.would mean I can shoot the owner as he would be "another" the dog is not. Not so clear is it."A person is justified in using deadly force against another"
I would have no problem shooting a dog who is attacking me, my loved ones, or my own dog. I'd do it without hesitation. And I certainly won't be worrying about the legal consequences. That's what I have an attorney for.
Search found 2 matches
- Wed Mar 06, 2013 3:44 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Expandable Batons
- Replies: 17
- Views: 26092
Re: Expandable Batons
- Wed Mar 06, 2013 3:28 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Expandable Batons
- Replies: 17
- Views: 26092
Re: Expandable Batons
RottenApple wrote:It's illegal to carry a baton.
But using deadly force (ie - shooting) an attacking dog is not confusing at all.Texas Expandable Baton Laws & Club Laws
§ 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.
PC §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.
just to be the devils advocate.
would mean I can shoot the owner as he would be "another" the dog is not. Not so clear is it."A person is justified in using deadly force against another"