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 ArmchairExplorer
 
Location: Vancouver
 |  | New Texas law states trespassers may be legally shot on sight
< on 3/28/2007 2:20 PM >
|  | | | Texas explorers beware.
From http://www.reuters...SN2721289620070327 :
By Ed Stoddard
DALLAS (Reuters) - Criminals in Texas beware: if you threaten someone in their car or office, the citizens of this state where guns are ubiquitous have the right to shoot you dead.
Governor Rick Perry's office said on Tuesday that he had signed a new law that expands Texans' existing right to use deadly force to defend themselves "without retreat" in their homes, cars and workplaces.
"The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature," Perry said on his Web site.
The new law, which takes affect on September 1, extends an exception to a statute that required a person to retreat in the face of a criminal attack. The exception was in the case of an intruder unlawfully entering a person's home.
The law extends a person's right to stand their ground beyond the home to vehicles and workplaces, allowing the reasonable use of deadly force, the governor's office said.
The reasonable use of lethal force will be allowed if an intruder is:
- Committing certain violent crimes, such as murder or sexual assault, or is attempting to commit such crimes
- Unlawfully trying to enter a protected place
- Unlawfully trying to remove a person from a protected place.
The law also provides civil immunity for a person who lawfully slays an intruder or attacker in such situations.
Texas joins several other states including Florida that have or are considering similar laws.
Sympathy for violent offenders and criminals in general runs low in Texas, underscored by its busy death row. The state leads the United States in executions with 388 since the death penalty was reinstated in 1976 by the U.S. Supreme Court.
A conservative political outlook and widespread fondness for hunting also means Texans are a well-armed people capable of defending themselves with deadly force.
It is easy to acquire guns over the counter in Texas and lawful to carry a concealed handgun with a permit.
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Emphasis mine.
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Raticus
      
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 1 on 3/28/2007 2:41 PM >
| | | | Way to go Texas!! While I completely agree with this new law (I am of course, from Texas) I would agree that at least in the short term after this law takes affect, it would be wise to be on our toes for "misguided" individuals.
However, being a new law, it will be months, if not years, before it goes through the cycle of interpretation of the courts to see how well it's going to hold up.
I'm sure this is not going to be a popular law with some folks across the county, and I usually refrain from posting any opinion about such matters, but I'm going to put my 2 cents worth in here:
I fully support the "INTENT" of this law. Texans are just about sick and tired of having to run from friggin criminals that want to take everything we've worked for - from our rights, to our furniture. I'll probably catch some heat for my opinion, but so be it.
This is not a support statement for any political party, agenda, or anything like that. It is an opinion about this law. I for one am very happy about it.
This law should not, and probably won't be, a problem unless you are breaking into someones home where they live, or their car when they are in it. I don't think we're foolish enough to "explore" someones home while they're asleep in their beds anyway. THAT is what this law is intended to do... protect you while you are IN your home or IN your car. If I'm breaking into your car and you come out of the shopping mall and see me, you CANNOT use deadly force. Only in a situation where you are INSIDE the home are car. It is not written to allow someone to blow your head off for exploring an abandoned building.
Wise men speak because they have something to say; Fools speak because they have to say something. |
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Jonsered
Location: Back in New Mexico where I belong
Gender: Male
Dressed for a scarecrow ball.........
| |  |  | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 2 on 3/28/2007 3:06 PM >
| | | | Way to go Texas!
You should never have to back down from someone that is threatening you. Now at least Texans don't have to.
I have changed my personal exploring ethics code. From now on it will be: "Take only aimed shots, leave only hobo corpses." Copper scrappers, meth heads and homeless beware. The Jonsered cometh among you, bringing fear and dread.
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eoghan
  
Location: dormont pa
Gender: Male
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 3 on 3/28/2007 3:20 PM >
| | | | this doesn't say anything about shooting trespassers on sight. bit of an overreaction don't you think? this is an excellent idea, and will make texans safer. we are in the process of passing one in pa right now, although we already don't have to retreat in our homes.
eoghan
Every normal man must be tempted at times to spit upon his hands, hoist the black flag and begin slitting throats... -H.L. Mencken
dude, if you ever shoot me with a .25, and i find out about it, i'll kick yer ass! |
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Happiedaze
Location: Galveston Area, TX
Gender: Female
| |  |  | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 4 on 3/28/2007 3:25 PM >
| | | | That doesn't state that trespassers can be shot on site. It only extends the existing right to defend your home. It doesn't say that you can shoot someone dead if they're caught trespassing and taking pictures, only if you fear for your life basically. I have to agree with eoghan... that is a bit of an overreaction.
'Our plans are all laid out,
take all these unmarked roads,
we blaze the trails to places no one goes, yeah!' -Rise Against |
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Raticus
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 5 on 3/28/2007 3:29 PM >
| | | | Posted by eoghan
this doesn't say anything about shooting trespassers on sight. bit of an overreaction don't you think? this is an excellent idea, and will make texans safer. we are in the process of passing one in pa right now, although we already don't have to retreat in our homes.
eoghan
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I totally agree with you. I don't think this is going to be a problem really. I think it's a good thing, I fully support it, and if your breaking into my home in the middle of the night and me and my family are there, I'll blow your fucking head off, end of story.
Most people are reasonable. Texas is not some "rogue" state. Every time Texas does something to protect it's people, folks in the media and in some areas of the country act like we're just a bunch of goof wads with no teeth and the mentality of a spark plug and we're just going to start going into the 7-11 and blowing people away.
It's not like that. But we do insist on protecting ourselves and I really do think that you are going to start seeing a lot of states begin doing this sort of stuff over the next decade or so. People every where are getting fed up of having to just "take it".
The retreat thing sucked and I don't know how as Texans we ever let that get into our laws in the first place. If you came into my home, I had to just try to get out of your way and let you have my stuff. That's just plain stupid.
I do agree with you and I hope everyone will take some care in quoting things about this law. It is NOT designed to shoot people who cross a fence or go into or toward and abandoned building. Not at all.
Wise men speak because they have something to say; Fools speak because they have to say something. |
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Dokk
Location: Lewisville, Texas
Gender: Male
| |  | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 6 on 3/28/2007 4:15 PM >
| | | | The "retreat rule" was in the laws to help a person under attack prove that they had reason to fear for thier health and well-being. ie. Someone busts down your door, you retreat to a bedroom and close the door and get your gun. You yell out that you have a gun and intend to use it. If the intruder enters the room you are barricaded in, there is no doubt in anyone's mind that the intruder was definitely not after the TV. The retreat rule also allowed you to prepare a reasonable defense against an intruder. In an ambush, retreat, regroup, then reengaging the enemy has almost always been a great option. Now, without it, you are allowed to have a gut reaction, kill a person, then not have to answer for it. you can, in essence, shoot first and ask questions later with no repercussions. Don't get me wrong, in the event of a home invasion, I can and will protect myself and my family but I will try to do so without wasting precious ammo. This also does not provide you with a defense if the family of the crook you shot sues you in civil court for loss of income because, even though illegal, his "occupation" was providing for his family. Yes, Virginia, this has happened several times in several states including Texas.
Think about it, if you're dead, you're still dead. It's permanent and there are no take backs or defenses. It's done. Nothing's changed, you still need to be careful. Watch where you put your hands, watch your step, be aware of that weird dust in that room you just went into, watch out for homeless, gang members, and cops, never go alone, leave only footprints and take nothing but pictures. It's a risky hobby and we do it for the thrill but, as in any activity, use your head. If someone with a gun catches me, I'm still gonna say "Yes, Sir, No Sir" and make nice. I'm not gonna piss him off by trying to argue new laws with him.
"If I'm gonna get blamed for it, I might as well do it!" |
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Raticus
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 7 on 3/28/2007 4:48 PM >
| | | | Posted by Dokk
If someone with a gun catches me, I'm still gonna say "Yes, Sir, No Sir" and make nice. I'm not gonna piss him off by trying to argue new laws with him.
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Exactly. This applies to any place, any state, regardless of what the paper law says. You can get shot any where, any time.
Wise men speak because they have something to say; Fools speak because they have to say something. |
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minusonebit
Location: Oklahoma City, OK, United States
Gender: Male
Will Explore for Food
| |  |  | | | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 8 on 3/28/2007 5:55 PM >
| | | | Posted by Dokk
This also does not provide you with a defense if the family of the crook you shot sues you in civil court for loss of income because, even though illegal, his "occupation" was providing for his family. Yes, Virginia, this has happened several times in several states including Texas. |
Uhmm, if i read the law right, it provides you with the best defense: immunity. They file a lawsuit, you file a motion for dismissal with prejudice against refiling.
Commit a Random Act of Exploration. |
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Raticus
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 9 on 3/28/2007 6:55 PM >
| | | | Posted by minusonebit
Uhmm, if i read the law right, it provides you with the best defense: immunity. They file a lawsuit, you file a motion for dismissal with prejudice against refiling.
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I think you're right. I read something about that today at lunch. Should be that way. If I'm protecting my home and my family, I should not be sued for doing it.
Wise men speak because they have something to say; Fools speak because they have to say something. |
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DevilC
Location: Washington, District of Corruption
Gender: Male
I serve as a blank screen on which people of vastly different political stripes project their views.
| | | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 10 on 3/28/2007 7:45 PM >
| | | | I feel threatened by this post.
Science flies you to the Moon. Religion flies you into tall buildings. |
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Watcher
Location: Louisiana
Gender: Male
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 11 on 3/28/2007 7:49 PM >
| | | | Just remember that in Texas "That punk needed killin'" is a valid defense.
"Well, let me just jump into my time machine, go back to the Twelfth Century and ask the vampires to postpone their ancient prophecy for a few days while you take in dinner and a show." |
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Raticus
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 12 on 3/28/2007 9:04 PM >
| | | | Posted by DevilC
I feel threatened by this post.
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Don't feel threatened, just don't break into our homes in the middle of the night and everything will be cool. 
Wise men speak because they have something to say; Fools speak because they have to say something. |
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Thom
Location: Hudson Valley, NY
Gender: Male
| | | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 13 on 3/28/2007 9:23 PM >
| | | | All I have to say is...*puts on his best Dubya-Bush face*..."Don't mess with Texas. Fool me once, shame on you...Fool me twice...Shame...You...We won't get fooled again." Next thing you know they'll be letting their residents form angry mobs every time some guy accidentally steps on the wrong piece of property.
www.thomdunlavey.com |
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Hinahanta
This member has been banned. See the banlist for more information.
Location: Houston TX
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 14 on 3/29/2007 12:09 AM >
| | | | Sounds good, I am a fire arm owner or should I say fire arms, my home is a roach motel, you might get in, but your not walking out! You should always be careful interring any structure that is not yours, sometimes "seedy" people "claim" buildings as there own and will defend there "investments". when I go into the woods to check out lost saw mills and homesteads (towns) or way out of the way places I often cary some heat for my own protection. But I never cary when I am in populated places and in city limits.
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Duncantx
Location: Tulsa, OK
Gender: Male
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 15 on 3/29/2007 1:42 AM >
| | | | im pretty sure you can shoot trespassers on sight in texas, but it has to be specifically posted on signs
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eoghan
Location: dormont pa
Gender: Male
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 16 on 3/29/2007 3:23 AM >
| | | | where do you people get this bullshit? where are you getting this "shoot on sight" bull? you know that it isn't true, never has been. there is a certain element that always jumps out of the woodwork every time that this sort of thing comes up. what sort of crap is this.
i'm a gun owner too, and i have carried every day of my adult life since i was a young army mp. with the sort of things i have seen people do to each other i can't imagine anyone who wouldn't, and don't even bring up that canard about it being used against you, what compleat shit.
how about this one;
Early Sunday morning, January 6th, 2007, authorities believe Channon Christian (top picture, left) and Christopher Newsom (top picture, right) were abducted during what apparently began as a carjacking.
"It apparently started with a carjacking," said Chief Deputy U.S. Marshal Rich Knighten . "They did some really nasty things to this lady."
Subsequently Newsom’s badly burned and mutilated body was found in a rail yard. It turns out the five assailants did some “really nasty things” to Christopher Newsom before they killed him. Authorities know that he was raped, his penis cut off, and beaten before being set on fire and shot several times. It is believed they forced his girlfriend, Channon Christian, to watch.
An equally cruel fate awaited her!
Reports state that Channon Christian, was beaten and gang-raped in many ways for four days by all five assailants, including an eighteen year-old female named Vanessa Coleman. They also took turns urinating on her. Then they cut off her breasts and put a chlorine-based cleaning product in her mouth, ostensibly to eradicate any DNA evidence, then murdered her and left her body in a garbage can inside a house once occupied by two of the assailants.
Every normal man must be tempted at times to spit upon his hands, hoist the black flag and begin slitting throats... -H.L. Mencken
dude, if you ever shoot me with a .25, and i find out about it, i'll kick yer ass! |
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bpitcher
Location: worcester style
Gender: Male
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 17 on 3/29/2007 3:55 AM >
| | | | I'm glad this was approved. There is absolutely no reason you should have to retreat when a criminal enters your home.
Where does it say anything about shooting tresspassers on sight?
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Raticus
Moderator
Location: Tyler
Gender: Male
Ratus exploricus abandonae
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 18 on 3/29/2007 4:31 AM >
| | | | Posted by bpitcher
Where does it say anything about shooting tresspassers on sight?
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It doesn't. Never has, never will.
Wise men speak because they have something to say; Fools speak because they have to say something. |
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Hinahanta
This member has been banned. See the banlist for more information.
Location: Houston TX
| | Re: New Texas law states trespassers may be legally shot on sight
<Reply # 19 on 3/30/2007 12:13 AM >
| | | | I don't know what gang rape and mutilation has to do with this?????? That was bazar! BUT back to the topic, you should be able to defend your self and your family in your home or car or any were else. That does not mean walking around paranoid ready to shoot anyone that looks at you funny, that is murder not self defence. If someone is trespassing on your property and you don't like it then tell them to leave or call the police, but if the trespasser or trespassers are acting in a hostile or aggressive manor then you use appropriate force.
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