All Fired Up!!
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All Fired Up!!
All Fired Up!!
13-02-2015 12:24 PM
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Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 12:34 PM
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Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 1:03 PM
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Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 1:08 PM
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Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 1:24 PM
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Quote from: twocvbloke Now if that was Texas, he'd not have woken up, cos they have a law stating you have the full right to shoot someone dead if they step onto your property,
Common in a lot of States apart from Texas.
Quote from: nanotm your liable to pay their medical bills until after your proven in a court of law to have been in the right .......
Not true. The injured party has to sue in order to get medical expenses.
Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 1:44 PM
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Quote from: artmo Common in a lot of States apart from Texas.
Not entirely, Texas is the only state that has the specific law that if anyone steps onto your property, regardless of who they are, you have the right to shoot them dead (they refer to it as the "Make my day" law), other states have variations of this law which only go so far as allow the shot-dead part to be in self defence, or as a complete last resort, other states don't even allow people to shoot in defence, mostly the northern "yankee" states (as my friend in Texas calls them), but that said, the gun laws over there are getting changed all the time, due to guns being sold to or access given to certain types that really shouldn't have guns, so it can change, just a wait and see thing...
Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 2:45 PM
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Quote
Introduced in 1985 as the Homeowner Protection Act, "make my day" gives Colorado residents the right to shoot and kill an intruder if they believe the person intends to commit a crime and use physical force, "no matter how slight." That extraordinary right stops at the door. Front porches and backyards don't count.
In other words, to shoot and kill an intruder in the home, a homeowner need only reasonably believe a trespassing person might use any measure of physical force on any occupant of the home. The law is explained here.
Quote The Florida law permits deadly force wherever someone "reasonably believes it is necessary to do so to prevent death or great bodily harm" to himself or another. They have no duty to retreat. More than 20 states, not including Colorado, have such laws.
Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 3:04 PM
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Re: All Fired Up!!
13-02-2015 3:26 PM
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13-02-2015 3:50 PM
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dick:quote
Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 3:55 PM
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Re: All Fired Up!!
13-02-2015 4:31 PM
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13-02-2015 4:49 PM
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13-02-2015 4:56 PM
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Quote 10 2086
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section 46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
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; Acts 1995, 74th Leg., ch. 190, Sec. 1, eff. Sept. 1, 1995.
Amended by:
- See more at: http://codes.lp.findlaw.com/txstatutes/PE/2/9/C/9.31#sthash.8SsGQcys.dpuf
Re: All Fired Up!!
Re: All Fired Up!!
13-02-2015 5:11 PM
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Full code here:
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm
Ain't the same as elsewhere in the US though...

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