Castle Doctrine

**leib10** · 04 Nov 09,, 04:14

Texas has a pretty subjective law on the matter that states that you may use force only if you feel that chances of recovering the property are not realistic. This was mainly done to prevent cattle rustling and theft of livestock; however, it applies to other various kinds of private property as well. However, you are advised to not use DEADLY force to prevent this from happening (i.e., you can draw your weapon, but cannot fire unless the perp threatens your life, which then becomes an issue of self-defense).

**Blue** · 04 Nov 09,, 04:20

Originally Posted by leib10

Texas has a pretty subjective law on the matter that states that you may use force only if you feel that chances of recovering the property are not realistic. This was mainly done to prevent cattle rustling and theft of livestock; however, it applies to other various kinds of private property as well. However, you are advised to not use DEADLY force to prevent this from happening (i.e., you can draw your weapon, but cannot fire unless the perp threatens your life, which then becomes an issue of self-defense).

I'm good with that! Oklahoma adopted something similar after just such a case. It was cattle rustling, but the owner sniped the perps from a range shed at night. My thought..........great shot for a cattleman!!!!!

**leib10** · 04 Nov 09,, 04:44

Oh, you'd be surprised what some of these cattlemen can do... especially the older ones that grew up literally having to make the shot count or the family didn't eat.

**kisakhani** · 04 Nov 09,, 05:41

Intruding or trespassing must both be understood by the owner of the castle.
The difference between accidental and deliberate intrusion, and that is where
you could find yourself facing the court for attempted murder? Warning shot is
the first step to know the intention of the intruder. As for Injustice taking place today since 1948 and the victims have been trying to stand their ground
are the Palestinians.

**Officer of Engineers** · 04 Nov 09,, 06:03

What? Why are you bring Israeli-Palestinian issues onto legal issues soley based upon US soil?

**Officer of Engineers** · 04 Nov 09,, 06:30

Originally Posted by kisakhani

Intruding or trespassing must both be understood by the owner of the castle.
The difference between accidental and deliberate intrusion, and that is where
you could find yourself facing the court for attempted murder? Warning shot is
the first step to know the intention of the intruder. As for Injustice taking place today since 1948 and the victims have been trying to stand their ground
are the Palestinians.

I'm calling you out. Which regiment?

**Station 22** · 04 Nov 09,, 16:46

Originally Posted by 7thsfsniper

Our laws says that, whether in the home or otherwise(CCW) you cannot use deadly force to protect property. You may only use it to protect life. This still leaves a broad spectrum of justified uses of deadly force. However, our castle doctrine clearly states, we do not have to attempt to retreat to defend ourselves anywhere, on our property or otherwise. We stand our ground wherever we feel we can do it. There is no legal duty to retreat anywhere.

Or you can do like my former neighbor, a police officer, suggested to me. He told me to be sure and kill the perp (without shooting him in the back), then place a stick or other similar object in or near his hand. When the police show up, have the first thing out of my mouth be "He said that he was going to kill me." It will be my word against his, and since he is dead and with what would look like a weapon in the dark, he pays for his crime in a better way than jail.

Originally Posted by kisakhani

Intruding or trespassing must both be understood by the owner of the castle.
The difference between accidental and deliberate intrusion, and that is where
you could find yourself facing the court for attempted murder? Warning shot is
the first step to know the intention of the intruder. As for Injustice taking place today since 1948 and the victims have been trying to stand their ground
are the Palestinians.

I'm not going to fire a warning shot and allow him the opportunity to fire back. He's in my house, he had all the warning he needed when he heard the sound the door or window made when he opened it.

Originally Posted by Officer of Engineers

What? Why are you bring Israeli-Palestinian issues onto legal issues soley based upon US soil?

Consider the source...

**gunnut** · 04 Nov 09,, 18:36

Originally Posted by kisakhani

Intruding or trespassing must both be understood by the owner of the castle.
The difference between accidental and deliberate intrusion, and that is where
you could find yourself facing the court for attempted murder? Warning shot is
the first step to know the intention of the intruder. As for Injustice taking place today since 1948 and the victims have been trying to stand their ground
are the Palestinians.

Sure, the Palestinians have the right to resist. But Israelis have more firepower. Much like how Iraq had the right to resist a US invasion. In these cases, as well as in a home invasion, might makes right. The invaders better bring more than enough firepower, or face the consequences.

**dalem** · 04 Nov 09,, 21:51

Originally Posted by kisakhani

Intruding or trespassing must both be understood by the owner of the castle.
The difference between accidental and deliberate intrusion, and that is where
you could find yourself facing the court for attempted murder? Warning shot is
the first step to know the intention of the intruder. As for Injustice taking place today since 1948 and the victims have been trying to stand their ground
are the Palestinians.

A warning shot? In my HOUSE? Without any idea of the background beyond my walls? Absolutely irresponsible.

And f*ck the Palestinians, by the way. They've made their bed, they can strap C4 to their bodies and lie in it.

-dale

**sappersgt** · 04 Nov 09,, 22:36

by Station 22
Or you can do like my former neighbor, a police officer, suggested to me. He told me to be sure and kill the perp (without shooting him in the back), then place a stick or other similar object in or near his hand. When the police show up, have the first thing out of my mouth be "He said that he was going to kill me." It will be my word against his, and since he is dead and with what would look like a weapon in the dark, he pays for his crime in a better way than jail.

If you shoot him and he lives, he and his attorney can make up any story they want. Like you invited him in for... drugs, sex, money or thought he was someone else. If he's dead, then you're sorry (although remorse implies guilt) but alive.

I'm not going to fire a warning shot and allow him the opportunity to fire back. He's in my house, he had all the warning he needed when he heard the sound the door or window made when he opened it.

There ya go. Warning shot? You gotta kidding me. Who is this guy? If you even POINT a loaded gun (assume theyre always loaded) at me, I assume the threat of deadly force. At that point I've got nothing to lose, I'm gonna shoot you because I KNOW you are going to kill me if I don't!

**Blue** · 05 Nov 09,, 03:46

Some here have mentioned warning shots. Can we quit with that please. If you happen to live after your "warning shot" you have shown intention, and any court in the US will convict you for premeditating the act. That BS is for the movies.

The only time I EVER used warning shots was when we were trying to shut down drug runners in boats before they hit int'l waters. That was the ONLY time I ever used or heard of giving warning shots, and it is still a practice today.

There is a big difference btwn defending yourself and trying to apprehend criminals.

This castle takes no prisoners.

EDIT;

I would recommend anyone thinking of setting up a crime scene or giving warning shots, go take an accredited or certified Concealed carry class. You don't have to carry after you take the class, but at least you will be educated and better trained to deal with a home invasion situation if it arises, or otherwise if you choose to carry. But one thing for sure, you better be honest and justified when you shoot or you could lose everything AND your freedom, and I mean everything plus you would be a felon and it would be illegal to ever own a firearm again.

**bonehead** · 05 Nov 09,, 05:59

Originally Posted by 7thsfsniper

Some here have mentioned warning shots. Can we quit with that please. If you happen to live after your "warning shot" you have shown intention, and any court in the US will convict you for premeditating the act. That BS is for the movies.

The only time I EVER used warning shots was when we were trying to shut down drug runners in boats before they hit int'l waters. That was the ONLY time I ever used or heard of giving warning shots, and it is still a practice today.

There is a big difference btwn defending yourself and trying to apprehend criminals.

This castle takes no prisoners.

EDIT;

I would recommend anyone thinking of setting up a crime scene or giving warning shots, go take an accredited or certified Concealed carry class. You don't have to carry after you take the class, but at least you will be educated and better trained to deal with a home invasion situation if it arises, or otherwise if you choose to carry. But one thing for sure, you better be honest and justified when you shoot or you could lose everything AND your freedom, and I mean everything plus you would be a felon and it would be illegal to ever own a firearm again.

The only warning shot I fire is when I miss.

**kisakhani** · 05 Nov 09,, 06:09

Your aim is to prevent intrusion into your home and not kill the person in cold blood? Unless the other person fires back after your warning shot. then your
shooting the intruder is self defense.

**Officer of Engineers** · 05 Nov 09,, 06:29

Since when is a military obligated to give a warning shot?

**captain** · 05 Nov 09,, 11:11

Originally Posted by kisakhani

Your aim is to prevent intrusion into your home and not kill the person in cold blood? Unless the other person fires back after your warning shot. then your
shooting the intruder is self defense.

Listen to what others are telling you!

Nobody and certainly not police EVER fire a warning shot.

Reason 1. where is the warning shot going to come to rest?
and 2. while you are thinking about that, you will have given the other the opportunity to shoot back and it will not be a warning shot!

The only warning ever appropriate is from cover, verbal, unambiguous and loud.

Cheers.