[quote]GVkid wrote:
I would agree with Varq with the 12 gauge, but I would recommend the Taurus judge a .45 long colt 5 shot revolver that chambers a 410 shell.[/quote]
I like the Taurus Judge. I just like the Ruger Redhawk more.
[quote]
I’m not familiar with the exact wording of the castle doctrine, but I’ve been learning that it is completely illegal to be firing at anyone that is outside your house (unless they are firing in) especially if you are outside your home as well because then you have a place to retreat to. [/quote]
Well, obviously interpretation of the Castle Doctrine (a man’s home is his castle, and he is justified in using deadly force in defending it). This is why I said it’s a sticky legal issue.
Here’s what the Texas law says:
Deadly Force in Defense of Person
“A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other’s use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other’s imminent commission of aggravated kidnapping, murder, rape or robbery.”
Defense of Another Person
“A person is justified in using deadly force against an attacker to protect another person if he would be justified to use it to protect himself against an unlawful attack and he reasonably believes his intervention is immediately necessary to protect the other person from serious injury or death.”
Deadly Force to Protect Property
“A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other’s imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means.”
“A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)”
Protection of the Property of Others
“A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief.”
“Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child.”
Reasonable Belief
“It is not necessary that there should be actual danger, as a person has the right to defend his life and person from apparent danger as fully and to the same extent as he would have were the danger real, as it reasonably appeared to him from his standpoint at the time.”
“In fact, Sec 9.31(a) [of the Penal Code] expressly provides that a person is justified in using deadly force against another when and to the degree he reasonably believes the force is immediately necessary.”
Justification for Using Deadly Force Can Be Lost
“Even though a person is justified in threatening or using force or deadly force against another in self defense or defense of others or property as described in the statute, if in doing so he also recklessly injures or kills an innocent third person, the justification for deadly force is unavailable.”
“A person acts recklessly when he is aware of but consciously disregards a substantial and unjustifiable risk with respect to the circumstances surrounding his conduct or the results of his conduct. The risk must be of such a nature and degree that its disregard constitutes a gross deviation of the standard of care that an ordinary person would exercise, viewed from the person’s standpoint under all the circumstances existing at the time.”
Self Defense Definitions
“Assault is committed if a person intentionally, knowingly or recklessly threatens another with imminent bodily injury, causes bodily injury to another, or causes physical contact with another when he knows or should reasonably believe that the other will regard the contact as offensive or provocative.”
“Aggravated assault is committed if a person commits Assault (qv.) and causes serious bodily injury to another, or causes bodily injury to a peace officer, or uses a deadly weapon.”
“Burglary is committed if, without the effective consent of the owner, a person: 1) Enters a building, or any portion of a bulding, not open to the public with intent to commit a felony or theft, or 2) Remains concealed in a building with the intent to commit a felony or theft.”
“Criminal Mischief is committed if, without the effective consent of the owner, a person: 1) Intentionally or knowingly damages or destroys the property of the owner, or 2) Tampers with the property of the owner and causes momentary loss or sustained inconvenience to the owner or third person.”
Nothing here on where you can shoot from, and where you can’t. I don’t live in Texas, so killing a man in defense of property might not go down so well, but I don’t believe that the law requires that, when confronted with armed assailants whom I believe have come with intent to do harm to me and my family, I must either step outside, or else allow these assailants into my house, before I can start shooting at them.
Do you?