The right to defend yourself in your home

[STEED]

Once again this story hits the headlines again.

Homeowner arrested after the burglar he confronted fell 30ft and died

http://www.dailymail.co.uk/pages/liv...n_page_id=1770

Granted we will not know the outcome of this case until November any how on the radio phone in today people rung in telling there story's and most of them got a period in prison from one month to a year or more and most were fined. If a person or persons enters your property illegally they have crosses the line from citizen to criminal, what are you to do when you face them? Have tea and biscuits and help yourself to my stuff, of course not. Your thinking about yourself or your wife and children this person could be a house breaker to a killer so you are going to put up a fight and stop them, and yet in this country you face being punished for defending your home and family.


The Government say, we have the right to defend ourselves and yet in law there is no hard facts laid out, it's all a grey area. So when the heck is this grey area going to be resolved? This year? Next year? Ten years from now? or most likely never as there are too many bleeding heart liberals working hand in glove with the EU laws.

[Chock]

The contentious issue is the use of 'excessive' force if defending yourself.

However, if someone tries to have it away with my DVD collection or anything else for that matter (which I've worked hard to pay for) after having smashed in my back door, then I regard no force as excessive enough in stopping them, because they bloody well asked for anything they got. And if I was on a Jury for a case such as this, I'd recommend giving the homeowner a medal, not a fine or custodial sentence.

The law is indeed 'an ass' a lot of the time.

Chock

[swifty]

Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not.

God Bless Texas

[bradclark1]

Originally Posted by swifty

Move to Texas where it is legal to shoot any one trespassing on your property all you need is a "trespassing" sign or a fence. It doesn't mater if it's excessive or not.

God Bless Texas

They have to be inside the house though. Just on the property isn't enough.

Yeah Steed it's the same over here. Really pathetic when you aren't supposed to protect your own home.

Edit: This is what recently happened in my state; http://www.cnn.com/2007/US/07/24/hom....ap/index.html

[Hakahura]

One less burglar in the world, I don't see a problem.

Give the guy a medal.

[STEED]

If anyone broke in to my home one thing is for sure they are going out in a wooden box.

[swifty]

Originally Posted by bradclark1

They have to be inside the house though. Just on the property isn't enough.

Yeah Steed it's the same over here. Really pathetic when you aren't supposed to protect your own home.

Edit: This is what recently happened in my state; http://www.cnn.com/2007/US/07/24/hom....ap/index.html

In most US states you are right. In order to use deadly force you have to be in fear of your life or the have someone inside your home. But in Texas the law allows one to use deadly force to protect property. It's origins come from the wild west in regards to horse rustling. Because of Texas' size and remoteness if one was to steal/kill the horse it would present risk of death.

§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

One law that i wish was still on the books was if a husband came home and found his wife cheating he was legally allowed to kill both. Women did not have this right.

[Stealth Hunter]

Originally Posted by Chock

The contentious issue is the use of 'excessive' force if defending yourself.

However, if someone tries to have it away with my DVD collection or anything else for that matter (which I've worked hard to pay for) after having smashed in my back door, then I regard no force as excessive enough in stopping them, because they bloody well asked for anything they got. And if I was on a Jury for a case such as this, I'd recommend giving the homeowner a medal, not a fine or custodial sentence.

The law is indeed 'an ass' a lot of the time.

Chock

I shot a man who was trying to steal my computer. I'm not joking, either.

He broke into my vacation home in the US and tried to take it while I was sleeping. As a bachelor, I knew I wasn't expecting anyone, so I pulled out a Smith&Wesson .34 Special I'd bought just about a month earlier and loaded it with 2 bullets, both hollow point. Went into my physical entertainment room (that holds my game collection and my computers) and saw a guy in a ski-mask standing there with my computer in his hands... so I shot him both times and accidentally killed him when one shot went through his neck. Well, it was cleared up in practically no time (I was in Corpus Christi, Texas at the time) and my computer was safe, even though the bastard dropped it about 2 feet...

Quite true, Chock. Texas rocks.

Heh, reminds me of Family Guy:

JOE: "So I jumped on his back and got him down and accidentally broke his spine."

PETER: "Hehe, looks like you've got a buddy."

JOE: "No, he's dead..."

PETER: ""

[Happy Times]

Originally Posted by Stealth Hunter

I shot a man who was trying to steal my computer. I'm not joking, either.

He broke into my vacation home in the US and tried to take it while I was sleeping. As a bachelor, I knew I wasn't expecting anyone, so I pulled out a Smith&Wesson .34 Special I'd bought just about a month earlier and loaded it with 2 bullets, both hollow point. Went into my physical entertainment room (that holds my game collection and my computers) and saw a guy in a ski-mask standing there with my computer in his hands... so I shot him both times and accidentally killed him when one shot went through his neck. Well, it was cleared up in practically no time (I was in Corpus Christi, Texas at the time) and my computer was safe, even though the bastard dropped it about 2 feet...

Quite true, Chock. Texas rocks.

Heh, reminds me of Family Guy:

JOE: "So I jumped on his back and got him down and accidentally broke his spine."

PETER: "Hehe, looks like you've got a buddy."

JOE: "No, he's dead..."

PETER: ""

Here you would be in prison for that. Maybe i should move to Texas.

[kiwi_2005]

Originally Posted by STEED

Once again this story hits the headlines again.

Granted we will not know the outcome of this case until November any how on the radio phone in today people rung in telling there story's and most of them got a period in prison from one month to a year or more and most were fined. If a person or persons enters your property illegally they have crosses the line from citizen to criminal, what are you to do when you face them? Have tea and biscuits and help yourself to my stuff, of course not. Your thinking about yourself or your wife and children this person could be a house breaker to a killer so you are going to put up a fight and stop them, and yet in this country you face being punished for defending your home and family.


The Government say, we have the right to defend ourselves and yet in law there is no hard facts laid out, it's all a grey area. So when the heck is this grey area going to be resolved? This year? Next year? Ten years from now? or most likely never as there are too many bleeding heart liberals working hand in glove with the EU laws.

We have the same law policy here, but last yr a break through in the justice system, or maybe the judge just knew it was the right thing to do. Guy enters a gun shop with a machette threatening to kill everyone, the gun shop owner pulls out a revolver and shoots him, police charge him for using a firearm in a public place some bullshat charge. He was defending himself and who knows what the machette guy would of done. Anyway the gunshop owner got let off, case dismissed by the judge. Thats a first time thats happened.

[lorcan3]

If someone comes charging in my house, or I should say try, 'cause I have steel doors front and back and another door wth a vinyl window. If he DID make it through, let's see he'd have to go through two border collies, an M1 Garand with pigsticker, a very long Moisin-Nagant with a 2 foot long pigsticker, a very, very, very sharp double edged two-handed scimitar, and a very sharp basketed claymore. Not to mention a 7.62mm Broomhandle Mauser and my wife's single shot .22 caliber bolt action lady's rifle that belonged to her Great-Aunt Marie that her aunt used for shootin' rabbits. It maybe 150 years old, but it'll still shoot the butt off a fly at a 100 yards.
I have a 15 year old daughter and my wife. I'm 100% disabled but if anyone, ANYONE threatens my family or my home, I'll rip out their guts and use 'em for garters. I don't give a rat's fart what happens to me, my concern is my family. 1st priority is God, 2nd priority is family and 3rd priority is home in that order.