Thief shot in Houston while trying to break into car... - XDTalk Forums - Your HS2000/SA-XD Information Source!

Harvdog · 03-17-2006, 04:48 AM

I read this on another forum...not sure how "justified" this is or if I would have done the same thing...

Thief shot while trying to break into my car...
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Well last night at about 11:00, my wife and I were watching TV in our bedroom and my son was knocked out. I kept hearing my dogs barking towards the front part of the house. My car was outside my garage and I usually put it in before I go to bed. Anyhow, I look in the back where my dogs are at and they just kept barking and barking......So I kinda go towards the front and I see some guy with a long metal thing going to town trying to open my car, scratching the window and dingin' my key lock.......I run up stairs, grab my .45, went out the back, around the side, out the back gate poped him twice out of 4 shots, the other 2 hit my car . Anyhow wife was histerical, called the cops, wrote out reports, dude went to the hospital, showed proof of my ownership of my weapon and cops took pics of the damage. Anyhow, car will be at the dealer today getting fixed, insurance is covering the damage. Sorry I dont take chances especially with my family......Sucks now cause I wont have my car for about 2 weeks
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nick19 · 03-17-2006, 05:13 AM

Doesn't Texas still have a law on the books that you can kill a man because "he needed kill'in".

On a serious note, I believe in Texas you can use force to prevent personal property from being stolen either in your house or not. I'm sure our Lone Star State members will be posting soon.

Must be a bummer for the repo guys.

Harvdog · 03-17-2006, 05:17 AM

Quote:

Originally Posted by nick19

Doesn't Texas still have a law on the books that you can kill a man because "he needed kill'in".

On a serious note, I believe in Texas you can use force to prevent personal property from being stolen either in your house or not. I'm sure our Lone Star State members will be posting soon.

Must be a bummer for the repo guys.

I think I need to check the laws in Virginia regarding personal property.

Yeah...I didn't think about the repo guys. That's a dangerous job no matter what.

canyon · 03-17-2006, 05:55 AM

In Arizona you cannot use deadly force to protect personal property. Only if the scum bag has a weapon and threatens you. canyon

rodnocker1 · 03-17-2006, 06:05 AM

That's correct Nick. In the Texas Statutes under Penal Code Chapter 9, Subchapter D (9.42), it describes the use of deadly force to stop theft, arson, vandalism,etc. to your property ( and your immediate family's property) and also to prevent the perpetrator from getting away after commiting the offenses. I'm not saying it's right to use deadly force in these instances, I'm not saying it's wrong. Everyone has to make that decision for themselves. My Dad used to say "There's nothing in this world (excluding family) that I would shoot a man over for harming or stealing...HOWEVER him thinking he can just walk up and take it because he wants to is a different story. Personally, I tend to agree with my Dad. It makes you wonder how, even with laws on the books like this, we still received a D- from the Brady Bunch.

021411 · 03-17-2006, 06:09 AM

It's legal. I've seen many news stories where people were shot trying to break into cars. Usually "no charges have been filed" were stated at the end of the story.

Harvdog · 03-17-2006, 06:31 AM

Quote:

Originally Posted by 021411

It's legal. I've seen many news stories where people were shot trying to break into cars. Usually "no charges have been filed" were stated at the end of the story.

I just can't fathom that.

[TASF]Overkill · 03-17-2006, 06:45 AM

That's how it damn well should be.

I hope they were the same ****ers that broke into my dad's truck while we were down there.

**Parrishco** · 03-17-2006, 06:54 AM

Can someone elighten me more on this topic. Ive read the state laws for TN and some officers say you use deadly force to stop grand theft and some cant - the law only discusses using force if your life or anothers is in danger. Aside from the moral aspect - which I think you should be able to - is it legal. (I know these are opinions and the whole hoopla - so just tell me what you think or heard and ill use common sense) - As a side note does any one know who is the best city/state official to talk to to get a law summary on topics like this. I contacted the county and city cheif of police with no response from either.

jednp · 03-17-2006, 08:11 AM

Quote:

Originally Posted by Parrishco

Can someone elighten me more on this topic. Ive read the state laws for TN and some officers say you use deadly force to stop grand theft and some cant - the law only discusses using force if your life or anothers is in danger. Aside from the moral aspect - which I think you should be able to - is it legal. (I know these are opinions and the whole hoopla - so just tell me what you think or heard and ill use common sense) - As a side note does any one know who is the best city/state official to talk to to get a law summary on topics like this. I contacted the county and city cheif of police with no response from either.

Did you try the state patrol? They were the only ones who cared to talk to me about what a law allowed or didn't allow, according to their understanding. Otherwise, my advice from others was to hire a lawyer so I could be told.

03-17-2006, 04:48 AM	#1
Harvdog XDTalk 100 Member Join Date: Feb 2006 Location: Montclair, Virginia Posts: 351	Thief shot in Houston while trying to break into car... I read this on another forum...not sure how "justified" this is or if I would have done the same thing... Thief shot while trying to break into my car... -------------------------------------------------------------------------------- Well last night at about 11:00, my wife and I were watching TV in our bedroom and my son was knocked out. I kept hearing my dogs barking towards the front part of the house. My car was outside my garage and I usually put it in before I go to bed. Anyhow, I look in the back where my dogs are at and they just kept barking and barking......So I kinda go towards the front and I see some guy with a long metal thing going to town trying to open my car, scratching the window and dingin' my key lock.......I run up stairs, grab my .45, went out the back, around the side, out the back gate poped him twice out of 4 shots, the other 2 hit my car . Anyhow wife was histerical, called the cops, wrote out reports, dude went to the hospital, showed proof of my ownership of my weapon and cops took pics of the damage. Anyhow, car will be at the dealer today getting fixed, insurance is covering the damage. Sorry I dont take chances especially with my family......Sucks now cause I wont have my car for about 2 weeks __________________

03-17-2006, 05:13 AM	#2
nick19 XDTalk 100 Member Join Date: Sep 2005 Location: Sunny South Florida Posts: 342	Doesn't Texas still have a law on the books that you can kill a man because "he needed kill'in". On a serious note, I believe in Texas you can use force to prevent personal property from being stolen either in your house or not. I'm sure our Lone Star State members will be posting soon. Must be a bummer for the repo guys. __________________ “Indecision may or may not be my problem.”

03-17-2006, 06:05 AM	#5
rodnocker1 XDTalk 500 Member Join Date: Feb 2006 Location: Leona, Texas Posts: 585	That's correct Nick. In the Texas Statutes under Penal Code Chapter 9, Subchapter D (9.42), it describes the use of deadly force to stop theft, arson, vandalism,etc. to your property ( and your immediate family's property) and also to prevent the perpetrator from getting away after commiting the offenses. I'm not saying it's right to use deadly force in these instances, I'm not saying it's wrong. Everyone has to make that decision for themselves. My Dad used to say "There's nothing in this world (excluding family) that I would shoot a man over for harming or stealing...HOWEVER him thinking he can just walk up and take it because he wants to is a different story. Personally, I tend to agree with my Dad. It makes you wonder how, even with laws on the books like this, we still received a D- from the Brady Bunch. __________________ Rodney

03-17-2006, 06:09 AM	#6
021411 XDTalk 1K Member Join Date: Oct 2004 Location: Houston, TX Posts: 1,018	It's legal. I've seen many news stories where people were shot trying to break into cars. Usually "no charges have been filed" were stated at the end of the story. __________________ XD40 : Custom SA 1911 Springer Precision TX XD Practical Shooters Association

03-17-2006, 06:45 AM	#8
[TASF]Overkill XDTalk 2K Member Join Date: Oct 2003 Location: Lynchburg, VA Posts: 2,446	That's how it damn well should be. I hope they were the same **ers that broke into my dad's truck while we were down there. __________________ "Semper facere bonum, an a amare odium, vita mors." [Do good always, whether through life or death, love or hate.] "He who relies solely on warlike measures shall be exterminated; he who relies solely on peaceful measures shall perish." Photo thread is back! (Until next disaster)**

03-17-2006, 05:55 AM	#4
canyon XDTalk Newbie Join Date: Feb 2006 Location: Prescott, AZ Posts: 7	In Arizona you cannot use deadly force to protect personal property. Only if the scum bag has a weapon and threatens you. canyon

03-17-2006, 06:54 AM	#9
Parrishco XDTalk 100 Member Join Date: Nov 2005 Location: The Best State Ever (FL) Posts: 460	Can someone elighten me more on this topic. Ive read the state laws for TN and some officers say you use deadly force to stop grand theft and some cant - the law only discusses using force if your life or anothers is in danger. Aside from the moral aspect - which I think you should be able to - is it legal. (I know these are opinions and the whole hoopla - so just tell me what you think or heard and ill use common sense) - As a side note does any one know who is the best city/state official to talk to to get a law summary on topics like this. I contacted the county and city cheif of police with no response from either. __________________ Custom XD40 SC w/ X2laser Bushy A3 M4 w/ EOTech SA 1911A1 GI.45 Mossberg 500 Yugo SKS CCW Molon Labe! - My website: ParrishCo.com

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