Can you use deadly force to stop someone breaking into your

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TDDude
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Re: Can you use deadly force to stop someone breaking into y

Post by TDDude »

You guys need to get a grip!!

I don't want to flame on anyone here but this is how it is and will be for a loooong time!!
IF YOU PULL YOUR PISTOL AND SHOOT SOMEONE FOR ANY REASON, YOUR LIFE AS YOU KNOW IT IS OVER!!

Is it worth it to go through all that craziness and expense for a silly car??

Save the deadly force for a time when it's "You or Them"!!

Here endeth the lesson!
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Re: Can you use deadly force to stop someone breaking into y

Post by Heartland Patriot »

TDDude wrote:You guys need to get a grip!!

I don't want to flame on anyone here but this is how it is and will be for a loooong time!!
IF YOU PULL YOUR PISTOL AND SHOOT SOMEONE FOR ANY REASON, YOUR LIFE AS YOU KNOW IT IS OVER!!

Is it worth it to go through all that craziness and expense for a silly car??

Save the deadly force for a time when it's "You or Them"!!

Here endeth the lesson!
Sir, I know that you are indeed 100% correct and agree with you. Because we live in a society where it is quite okay to be a criminal and a thug, and the law will go out of its way to protect said criminals and thugs...but will nearly crucify an otherwise law-abiding citizen who takes exception to thugs and criminals helping themselves to others property. :grumble
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Re: Can you use deadly force to stop someone breaking into y

Post by puma guy »

The 71 year old man who used his CCW in the Florida Internet Cafe shooting was moving toward the actors as they retreated and shot one in the hip and buttocks. I read he most likely won't be charged but I've seen no official ruling. It will be interesting to see what happens in this case. Florida's law may of course be different than Texas' law.

EDIT:Moved to another post. viewtopic.php?f=23&t=56579
Last edited by puma guy on Thu Jul 19, 2012 1:26 pm, edited 2 times in total.
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Re: Can you use deadly force to stop someone breaking into y

Post by WildBill »

puma guy wrote:The 71 year old man who used his CCW in the Florida Internet Cafe shooting was moving toward the actors as they retreated and shot one in the hip and buttocks. I read he most likely won't be charged but I've seen no official ruling. It will be interesting to see what happens in this case. Florida's law may of course be different than Texas' law.
Sometimes 71 year old people get a break when younger people don't.
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WildBill
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Re: Can you use deadly force to stop someone breaking into y

Post by WildBill »

TDDude wrote:You guys need to get a grip!!

IF YOU PULL YOUR PISTOL AND SHOOT SOMEONE FOR ANY REASON, YOUR LIFE AS YOU KNOW IT IS OVER!!

Is it worth it to go through all that craziness and expense for a silly car??
If you pull your pistol and kill someone for any reason, their life is over, forever.

Can you live with killing someone for breaking into your car?
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Re: Can you use deadly force to stop someone breaking into y

Post by puma guy »

WildBill wrote:
puma guy wrote:The 71 year old man who used his CCW in the Florida Internet Cafe shooting was moving toward the actors as they retreated and shot one in the hip and buttocks. I read he most likely won't be charged but I've seen no official ruling. It will be interesting to see what happens in this case. Florida's law may of course be different than Texas' law.
Sometimes 71 year old people get a break when younger people don't.
OOPS! I thought I posted this in another thread.
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recaffeination

Re: Can you use deadly force to stop someone breaking into y

Post by recaffeination »

gigag04 wrote:Just don't.
Don't break into cars in Texas. You might get shot.
:fire
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Re: Can you use deadly force to stop someone breaking into y

Post by fickman »

recaffeination wrote:
gigag04 wrote:Just don't.
Don't break into cars in Texas. You might get shot.
:fire
:iagree:
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Re: Can you use deadly force to stop someone breaking into y

Post by Salty1 »

Here are my thoughts on this topic, if somebody is breaking into my truck I am going to dial 911 and let them deal with it, maybe get some pictures through a window. I carry a $1k deductable so that is the very most I will be out of pocket. If I confront them and have to shoot for some reason then my out of pocket expeses are going to be much more than that in lawyers fees and I will still need to fix the damage they did to my truck. I will caveat that by sayingI never leave anything of great value in it other than a GPS that is always in the center console. I am a believer in reducing my risk, both physically and financially....................
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Re: Can you use deadly force to stop someone breaking into y

Post by barstoolguru »

Salty1 wrote:Here are my thoughts on this topic, if somebody is breaking into my truck I am going to dial 911 and let them deal with it, maybe get some pictures through a window. I carry a $1k deductable so that is the very most I will be out of pocket. If I confront them and have to shoot for some reason then my out of pocket expeses are going to be much more than that in lawyers fees and I will still need to fix the damage they did to my truck. I will caveat that by sayingI never leave anything of great value in it other than a GPS that is always in the center console. I am a believer in reducing my risk, both physically and financially....................
What kind of rims you have and is the stereo any good because my friends will do 600.00 in damage just getting the stereo Pm me your address and I will pass it along to others that are less fortunate and need to smoke some crack. Thank you for supporting the crack head population and making our job much easer
Last edited by barstoolguru on Thu Jul 19, 2012 10:37 pm, edited 1 time in total.
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Re: Can you use deadly force to stop someone breaking into y

Post by RAM4171 »

barstoolguru wrote:
Salty1 wrote:Here are my thoughts on this topic, if somebody is breaking into my truck I am going to dial 911 and let them deal with it, maybe get some pictures through a window. I carry a $1k deductable so that is the very most I will be out of pocket. If I confront them and have to shoot for some reason then my out of pocket expeses are going to be much more than that in lawyers fees and I will still need to fix the damage they did to my truck. I will caveat that by sayingI never leave anything of great value in it other than a GPS that is always in the center console. I am a believer in reducing my risk, both physically and financially....................
What kind of rimes you have and is the stereo any good because my friends will do 600.00 in damage just getting the stereo Pm me your address and I will pass it along to others that are less fortunate and need to smoke some crack. Thank you for supporting the crack head population and making our job much easer
:headscratch
Sir I hope you are being sarcastic.
My thought is have Mrs. RAM call 911, then proceed to explain to said criminal that it's not in his best interest to atempt to relieve me of my property.
:fire
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Re: Can you use deadly force to stop someone breaking into y

Post by barstoolguru »

RAM4171 wrote:
barstoolguru wrote:
Salty1 wrote:Here are my thoughts on this topic, if somebody is breaking into my truck I am going to dial 911 and let them deal with it, maybe get some pictures through a window. I carry a $1k deductable so that is the very most I will be out of pocket. If I confront them and have to shoot for some reason then my out of pocket expeses are going to be much more than that in lawyers fees and I will still need to fix the damage they did to my truck. I will caveat that by sayingI never leave anything of great value in it other than a GPS that is always in the center console. I am a believer in reducing my risk, both physically and financially....................
What kind of rimes you have and is the stereo any good because my friends will do 600.00 in damage just getting the stereo Pm me your address and I will pass it along to others that are less fortunate and need to smoke some crack. Thank you for supporting the crack head population and making our job much easer
:headscratch
Sir I hope you are being sarcastic.
My thought is have Mrs. RAM call 911, then proceed to explain to said criminal that it's not in his best interest to atempt to relieve me of my property.
:fire
I use to think the same way until the stole my hard shell p/u top along with my chrome side steps 3 feet from my front door with 6 adults and 4 dogs in the house. NO ;any one that says they would rather pay a 1000.00 deductible then shoot someone to protect their property might need to be robbed to get the full experience of waking up and finding that the truck they worked so hard for has been stripped by some punk along with everything that was in it like tools and personal items. auto insurance don't cover them and you have to go after your homeowners policy and THAT is 1% (1500.00 deductible or better) so now they broke into you truck and you lost 2500.00 before you can even make a claim for damages and you think not shooting is cheaper...I will take my chances shooting
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
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Re: Can you use deadly force to stop someone breaking into y

Post by WildBill »

barstoolguru wrote:
RAM4171 wrote:
barstoolguru wrote:
Salty1 wrote:Here are my thoughts on this topic, if somebody is breaking into my truck I am going to dial 911 and let them deal with it, maybe get some pictures through a window. I carry a $1k deductable so that is the very most I will be out of pocket. If I confront them and have to shoot for some reason then my out of pocket expeses are going to be much more than that in lawyers fees and I will still need to fix the damage they did to my truck. I will caveat that by sayingI never leave anything of great value in it other than a GPS that is always in the center console. I am a believer in reducing my risk, both physically and financially....................
What kind of rimes you have and is the stereo any good because my friends will do 600.00 in damage just getting the stereo Pm me your address and I will pass it along to others that are less fortunate and need to smoke some crack. Thank you for supporting the crack head population and making our job much easer
:headscratch
Sir I hope you are being sarcastic.
My thought is have Mrs. RAM call 911, then proceed to explain to said criminal that it's not in his best interest to atempt to relieve me of my property.
:fire
I use to think the same way until the stole my hard shell p/u top along with my chrome side steps 3 feet from my front door with 6 adults and 4 dogs in the house. NO ;any one that says they would rather pay a 1000.00 deductible then shoot someone to protect their property might need to be robbed to get the full experience of waking up and finding that the truck they worked so hard for has been stripped by some punk along with everything that was in it like tools and personal items. auto insurance don't cover them and you have to go after your homeowners policy and THAT is 1% (1500.00 deductible or better) so now they broke into you truck and you lost 2500.00 before you can even make a claim for damages and you think not shooting is cheaper...I will take my chances shooting
There was a post on the forum a long while back from a person "who worked with his hands." He was a welder who lost his means to make a living when a thieve stole his trailer with his welding equipment. Even if insurance paid for it, we would be out of work until he got his settlement check. Of course, it probably wouldn't have been enough to replace all of his tools. I understand his point of view and well as your's. I think it's easier to say what you would have done after the fact.
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Re: Can you use deadly force to stop someone breaking into y

Post by baldeagle »

According to the Texas Penal Code breaking into a vehicle is burglary, not theft.
Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

(b) For purposes of this section, "enter" means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

(c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.

(d) An offense under this section is a Class A misdemeanor, except that:

(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or

(B) the vehicle or part of the vehicle broken into or entered is a rail car.

(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

(e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
Therefore, under current Texas law, you would be justified in using deadly force if someone was merely entering your car without your permission if you thought they intended to steal something in or from the vehicle (or the vehicle itself).
Sec. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
If I catch someone entering one of my vehicles, I will draw my weapon and order them to stop. The law defines that act as force, not deadly force. If that person does not immediately exit the vehicle or moves toward me in a threatening way, I will shoot.

Those of you who say property is not worth taking a life are looking at this wrong. You aren't taking a life. You are using deadly force to prevent the commission of a crime. Just because you shoot someone does not mean they will die. Since the law justifies your actions, the state, and by extension the people of Texas, are telling you that your actions are proper and legal.

It the person dies, that is unfortunate, but they were the ones who chose to put themselves in a position where deadly force against them was legal.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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Re: Can you use deadly force to stop someone breaking into y

Post by barstoolguru »

They just don't steal your things; they steal your sense of peace. Once you been robbed you will never see things the same; you constancy look over your shoulder and afraid to leave anything in your vehicle
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
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