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Miller Lite
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« Reply #40 on: August 02, 2010, 08:06:23 pm » |
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hehe or get you a handy dandy boar spear and jump out the bushes like a wild banchee and see if they dont shyt thereself ...
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Can you skin griz. pilgrim
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Circle C
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« Reply #41 on: August 02, 2010, 08:12:54 pm » |
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I think Joe Horns case was unique. He was protecting his neighbors property, not his own.
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Never get too busy making a living that you forget to make a life.
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dub
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« Reply #42 on: August 02, 2010, 08:55:18 pm » |
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Castle doctrine only applies to the duty to retreat. You may not like what the guy from Oklahoma said but he is right. That is the basic legal guideline. You are not judge jury and executioner as much as I think it should be allowed. Because before in addition to what said about intent, means, and action they would sat you could have retreated to avoid deadly force. The castle doctrine says you have no duty to retreat in your home. It is basic 1L stuff. If you do not know what 1L is then do even think about arguing any legal matter. The whole thing in Texas is a reasonable person would have been in fear for their life and that is a matter for a jury to decide! Do you know what a criminal defense lawyer would charge to defend you? So even if you do not get convicted you will be broke and in debt. So if the D.A. would not shoot you better not shoot!
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« Last Edit: August 04, 2010, 09:35:43 am by dub »
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"...A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself..." John Stuart Mill
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MachinesOldLady
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« Reply #43 on: August 02, 2010, 09:03:42 pm » |
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I think Joe Horns case was unique. He was protecting his neighbors property, not his own.
Yes, but the castle law protects your neighbors property too. If I asked you to keep an eye on my dogs while I was gone and you saw someone stealing one out of my yard you would be within the castle law to shoot them. My point was though that when it's just property that's involved that you'll have a harder time proving your need for deadly force than when you are physically threatened. If you're going to go that route you should be prepared financially. |
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RockinW
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« Reply #44 on: August 02, 2010, 09:40:33 pm » |
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aint it a shame that we have to worry about the legalities of protecting ourselves and what we've worked for ? whats "right" and whats "legal" often dont have anything to do with each other.
it's my opinion that i'm not the one who should wonder if a dog, saddle, fishin pole, etc. is worth a life... that is a question the thief better ask himself
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Rockin' W Custom Saddles
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slimpickins
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« Reply #45 on: August 02, 2010, 10:17:50 pm » |
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Dub, the "duty to retreat" portion was removed 2 or 3 years ago, as it pertains to the Castles Doctrine.
If in your home, car, etc. you don't, WON'T, for many of us, have to show retreat.
I'll support this with facts when I get to my PC in the morning.
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Pro-Staff @ Wild Boar USA www.wildboarusa.com"Peace is that brief, glorious moment in history, when everybody stands around reloading!" unknown Bacon is a vegetable! |
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Miller Lite
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« Reply #46 on: August 02, 2010, 10:57:49 pm » |
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aint it a shame that we have to worry about the legalities of protecting ourselves and what we've worked for ? whats "right" and whats "legal" often dont have anything to do with each other.
it's my opinion that i'm not the one who should wonder if a dog, saddle, fishin pole, etc. is worth a life... that is a question the thief better ask himself
that aint no shyt i agree with you 100% |
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Can you skin griz. pilgrim
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huntermand02
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« Reply #47 on: August 02, 2010, 11:35:59 pm » |
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When I got my CHL the instructor ( was joking ) but he told me the guy seid he was going to kill me and I believed him!!
but as far as some one loading dogs and I was armed call the cops and shoot a tire or two it will take them a while to change it and there on your property so all is fair game I dont care if there a theif or not it would be dificult to live with takeing a persons life that did not try to take mine of someone elses
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rdjustham
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« Reply #48 on: August 03, 2010, 06:53:43 am » |
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Just wanted to say it again, since Fl removed the "must retreat" from it self defense laws, i hear all the time "ill just shoot them". YOU CAN ONLY TAKE A LIFE IF YOURS IS IN IMMINATE DANGER. What you guys need to "memorize" is "SIR I THOUGHT I WAS IN IMMINATE DANGER OF DEATH OR GREAT BODILY HARM!!!!" not, that SOB was stealing my dogs. No state in this country (even texas) sorry, is going to allow you to kill a person for a dog, tv, truck rims etc. and i wouldnt want to be the one who ever tries it out over stuff in the yard.
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dub
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« Reply #49 on: August 03, 2010, 11:35:30 pm » |
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Dub, the "duty to retreat" portion was removed 2 or 3 years ago, as it pertains to the Castles Doctrine.
If in your home, car, etc. you don't, WON'T, for many of us, have to show retreat.
I'll support this with facts when I get to my PC in the morning.
That is what I was saying. No duty to retreat. But there must be a threat to life for self defense as any "reasonable person" would see it. If you believe lasers were going to shoot out of his eyes, not reasonable. But any little pansy can sit in a courtroom and say you could have retreated. That was just too stupid. So they removed the duty to retreat. But shooting a thief is limited and a fuzzy line I would stay away from. But if they get lost in the woods  |
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« Last Edit: August 04, 2010, 09:38:19 am by dub »
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"...A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself..." John Stuart Mill
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TX HOG
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« Reply #51 on: August 04, 2010, 06:25:25 pm » |
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i wouldnt be asking anyone on here if i had the right to shoot someone. id ask a judge, lawyer, or da...... the people that will decide your fate after you pull the trigger
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Miller Lite
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« Reply #52 on: August 04, 2010, 06:26:24 pm » |
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i wouldnt be asking anyone on here if i had the right to shoot someone. id ask a judge, lawyer, or da...... the people that will decide your fate after you pull the trigger
Dont pull it ... squeeze it |
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Can you skin griz. pilgrim
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rdjustham
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« Reply #53 on: August 04, 2010, 06:39:43 pm » |
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i wouldnt be asking anyone on here if i had the right to shoot someone. id ask a judge, lawyer, or da...... the people that will decide your fate after you pull the trigger
How bout the guy that puts the cuffs on you?? id ask them first, we have to be as up to speed if not more than lawyers, They get to look for case law for loop holes not the black and white of it. And if it does happen i GUARANTEE those responding WILL be pointing guns at you. And god forbid its a jumpy rookie |
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Monteria
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« Reply #54 on: August 04, 2010, 08:11:38 pm » |
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Just wanted to say it again, since Fl removed the "must retreat" from it self defense laws, i hear all the time "ill just shoot them". YOU CAN ONLY TAKE A LIFE IF YOURS IS IN IMMINATE DANGER. What you guys need to "memorize" is "SIR I THOUGHT I WAS IN IMMINATE DANGER OF DEATH OR GREAT BODILY HARM!!!!" not, that SOB was stealing my dogs. No state in this country (even texas) sorry, is going to allow you to kill a person for a dog, tv, truck rims etc. and i wouldnt want to be the one who ever tries it out over stuff in the yard.
Just to stir the pot....... Precedent says otherwise...... Google Joe Horn. |
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rdjustham
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« Reply #55 on: August 04, 2010, 08:14:05 pm » |
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Just wanted to say it again, since Fl removed the "must retreat" from it self defense laws, i hear all the time "ill just shoot them". YOU CAN ONLY TAKE A LIFE IF YOURS IS IN IMMINATE DANGER. What you guys need to "memorize" is "SIR I THOUGHT I WAS IN IMMINATE DANGER OF DEATH OR GREAT BODILY HARM!!!!" not, that SOB was stealing my dogs. No state in this country (even texas) sorry, is going to allow you to kill a person for a dog, tv, truck rims etc. and i wouldnt want to be the one who ever tries it out over stuff in the yard.
Just to stir the pot....... Precedent says otherwise...... Google Joe Horn. Last thing ill say on the subject, Good Luck |
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Purebreedcolt
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« Reply #56 on: August 04, 2010, 08:17:10 pm » |
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In the woods no I would not shoot them but would pepper their vehicle low or hi to miss the dogs but at my home the only way they would leave is in a body bag
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