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Since they removed "fleeing felon" from the list of justifiable homicides if you shoot him after he has driven away would be a problem unless you shoot him in the fracas.
Depends on where you live...in some states it would be perfectly legal to shoot him in the back as he is riding away....besides, it will be your story against his...and he wont have much to talk about.
I would let him drive away as I am no
longer in danger.
Now if it was my home, I"d have to think on it.
Nope, nobody's life is worth a motorcycle.
If he made advances toward my wife or kids.
I'd be pretty "angry".
quote:Originally posted by rong
Nope, nobody's life is worth a motorcycle.
And that right there is why our country/society is heading toward(already in)the garbage can IMO. My motorcycle is worth anybody's life if they're taking it.
It takes two hands to start a bike and get it moving. He had to holster his weapon at some point before he rode off. Just knock him over and if he gets up and goes for his weapon, simply shoot him.
quote:Originally posted by forkliftking
It takes two hands to start a bike and get it moving. He had to holster his weapon at some point before he rode off. Just knock him over and if he gets up and goes for his weapon, simply shoot him.
I'd consider kicking him into a puddle when he hit the ground, before he could get his gun back out. Then hop in and stomp it dry.
Never been in that situation, hope I never am, so I can't say for sure. No man really knows until confronted with such a thing. That said, I do not believe I would take the life of anyone, unless there was an active threat involved.
SUBCHAPTER C. PROTECTION OF PERSONS
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
Sec. 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 * injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
quote:Originally posted by kidthatsirish
Depends on where you live...in some states it would be perfectly legal to shoot him in the back as he is riding away....besides, it will be your story against his...and he wont have much to talk about.
Exactly what state would allow someone to shoot anyone in the back and kill them?
When someone has their back to you and is running away from you the "threat" to is presumed to be ended and so is your right to use deadly force. Correct me if I'm wrong.
"Just because you're paranoid doesn't mean they're not out to get you"
that's why i have insurance, only amount of time i will have to spend with police is making a report, no court or attorneys fee's, my name will go unpublished
so go head shoot someone in the back, your going to need the insurance to pay up for him wrecking it anyway, and hopefully your a good enough shot not to miss under the stress, and hit a bystander with a bullet or a motorcycle that is out of control because you just killed the driver
quote:Exactly what state would allow someone to shoot anyone in the back and kill them?
Exactly...Texas!
Straight out of the Texas Penal Code:
Sec. 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 * injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Say somebody wearing a full face helmet comes up to you after you have just put the keys in the ignition, pulls out a handgun and asks you to dismount and back away and after you have done so, starts the bike and rides away.
If you are also carrying a handgun, can you legally shoot the thief in the back and kill him, without being prosecuted by the police.
I know every state has different laws, so this is directed to people who live in one where it is permitted to carry a handgun on ones person.
You can always dismount like the suspect asked but take the keys with you, the suspect never asked for the keys just the bike, and now you have something to barter with or pull your own piece while the suspect is busy trying to start the bike w/no keys.[B)]
Then if the suspect pulls his piece and threatens you again you can shoot him where ever you want as he's re-armed himself.
Some places you'd be a hero, some places you'd be a criminal. As much as I'd like to drop him, and as much as he needs dropping, it just ain't worth the hassle.
I wouldn't fault anybody else for doing it. If I were on the jury, even in Chicago, you'd go home at the end of the trial.
I don't care if it would be legal or not legal, I just would not do it.
The only way I would shoot another human being is if I literally thought I had no choice and my death or the death of someone else was imminent were I not to.
Joe Horn: "I've got a shotgun; do you want me to stop them?"
The Pasadena emergency operator responded: "Nope. Don't do that. Ain't no property worth shooting somebody over, O.K.?"
Mr. Horn said: "But hurry up, man. Catch these guys will you? Cause, I ain't going to let them go."
Mr. Horn then said he would get his shotgun.
The operator said, "No, no." But Mr. Horn said: "I can't take a chance of getting killed over this, O.K.? I'm going to shoot."
The operator told him not to go out with a gun because officers would be arriving.
"O.K.," Mr. Horn said. "But I have a right to protect myself too, sir," adding, "The laws have been changed in this country since September the first, and you know it."
The operator said, "You're going to get yourself shot." But Mr. Horn replied, "You want to make a bet? I'm going to kill them."
Moments later he said, "Well here it goes, buddy. You hear the shotgun clicking and I'm going."
Then he said: "Move, you're dead."
There were two quick gunshots, then a third.
"I had no choice," Mr. Horn said when he got back on the line with the dispatcher. "They came in the front yard with me, man."
The 9-1-1 call ended about 80 seconds after the shots were fired, when officers arrived on the scene.
Joe Horn: "I've got a shotgun; do you want me to stop them?"
The Pasadena emergency operator responded: "Nope. Don't do that. Ain't no property worth shooting somebody over, O.K.?"
Mr. Horn said: "But hurry up, man. Catch these guys will you? Cause, I ain't going to let them go."
Mr. Horn then said he would get his shotgun.
The operator said, "No, no." But Mr. Horn said: "I can't take a chance of getting killed over this, O.K.? I'm going to shoot."
The operator told him not to go out with a gun because officers would be arriving.
"O.K.," Mr. Horn said. "But I have a right to protect myself too, sir," adding, "The laws have been changed in this country since September the first, and you know it."
The operator said, "You're going to get yourself shot." But Mr. Horn replied, "You want to make a bet? I'm going to kill them."
Moments later he said, "Well here it goes, buddy. You hear the shotgun clicking and I'm going."
Then he said: "Move, you're dead."
There were two quick gunshots, then a third.
"I had no choice," Mr. Horn said when he got back on the line with the dispatcher. "They came in the front yard with me, man."
The 9-1-1 call ended about 80 seconds after the shots were fired, when officers arrived on the scene.
Joe Horn was acquitted... I would shoot someone if I was in the right frame of mind. In the end it all comes down to what all crap I have put up with and who would get the short straw. I wouldn't be caught dead on a motorcycle...but I work HARD for everything I have. Who knows what I would do???
quote:Originally posted by Locust Fork
quote:Originally posted by HooverTactical
Joe Horn was acquitted... I would shoot someone if I was in the right frame of mind. In the end it all comes down to what all crap I have put up with and who would get the short straw. I wouldn't be caught dead on a motorcycle...but I work HARD for everything I have. Who knows what I would do???
If someone were stealing my car/bike/whatever I would be furious and feel like hurting the person. But I know people who have had to use deadly force, and it is always a hard thing to live with. I would personally just need the story to be something like "he was breaking into my home and I feared for my family" not "I shot him in the back as he drove away"
I truly understand why someone would might fire in that situation though
Comments
well you can in Texas, [:D]
longer in danger.
Now if it was my home, I"d have to think on it.
Nope, nobody's life is worth a motorcycle.
If he made advances toward my wife or kids.
I'd be pretty "angry".
Nope, nobody's life is worth a motorcycle.
And that right there is why our country/society is heading toward(already in)the garbage can IMO. My motorcycle is worth anybody's life if they're taking it.
This scenario will not happen in Illinois.
It takes two hands to start a bike and get it moving. He had to holster his weapon at some point before he rode off. Just knock him over and if he gets up and goes for his weapon, simply shoot him.
I'd consider kicking him into a puddle when he hit the ground, before he could get his gun back out. Then hop in and stomp it dry.
Sounds painful to get shot "in the fracas" but would be justifiable.
I've been kicked in the fracas and it's very painful. [xx(][B)]
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
Sec. 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 * injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
But a Triumph instead.
Depends on where you live...in some states it would be perfectly legal to shoot him in the back as he is riding away....besides, it will be your story against his...and he wont have much to talk about.
Exactly what state would allow someone to shoot anyone in the back and kill them?
When someone has their back to you and is running away from you the "threat" to is presumed to be ended and so is your right to use deadly force. Correct me if I'm wrong.
so go head shoot someone in the back, your going to need the insurance to pay up for him wrecking it anyway, and hopefully your a good enough shot not to miss under the stress, and hit a bystander with a bullet or a motorcycle that is out of control because you just killed the driver
Exactly...Texas!
Straight out of the Texas Penal Code:
Sec. 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 * injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Posted on another forum (motorcycle).
I just cut and pasted.
Say somebody wearing a full face helmet comes up to you after you have just put the keys in the ignition, pulls out a handgun and asks you to dismount and back away and after you have done so, starts the bike and rides away.
If you are also carrying a handgun, can you legally shoot the thief in the back and kill him, without being prosecuted by the police.
I know every state has different laws, so this is directed to people who live in one where it is permitted to carry a handgun on ones person.
You can always dismount like the suspect asked but take the keys with you, the suspect never asked for the keys just the bike, and now you have something to barter with or pull your own piece while the suspect is busy trying to start the bike w/no keys.[B)]
Then if the suspect pulls his piece and threatens you again you can shoot him where ever you want as he's re-armed himself.
Just a thought in this hypothetical situation.
I wouldn't fault anybody else for doing it. If I were on the jury, even in Chicago, you'd go home at the end of the trial.
He'll eventually kill himself.
I don't care if it would be legal or not legal, I just would not do it.
The only way I would shoot another human being is if I literally thought I had no choice and my death or the death of someone else was imminent were I not to.
http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy
Joe Horn: "I've got a shotgun; do you want me to stop them?"
The Pasadena emergency operator responded: "Nope. Don't do that. Ain't no property worth shooting somebody over, O.K.?"
Mr. Horn said: "But hurry up, man. Catch these guys will you? Cause, I ain't going to let them go."
Mr. Horn then said he would get his shotgun.
The operator said, "No, no." But Mr. Horn said: "I can't take a chance of getting killed over this, O.K.? I'm going to shoot."
The operator told him not to go out with a gun because officers would be arriving.
"O.K.," Mr. Horn said. "But I have a right to protect myself too, sir," adding, "The laws have been changed in this country since September the first, and you know it."
The operator said, "You're going to get yourself shot." But Mr. Horn replied, "You want to make a bet? I'm going to kill them."
Moments later he said, "Well here it goes, buddy. You hear the shotgun clicking and I'm going."
Then he said: "Move, you're dead."
There were two quick gunshots, then a third.
"I had no choice," Mr. Horn said when he got back on the line with the dispatcher. "They came in the front yard with me, man."
The 9-1-1 call ended about 80 seconds after the shots were fired, when officers arrived on the scene.
http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy
Joe Horn: "I've got a shotgun; do you want me to stop them?"
The Pasadena emergency operator responded: "Nope. Don't do that. Ain't no property worth shooting somebody over, O.K.?"
Mr. Horn said: "But hurry up, man. Catch these guys will you? Cause, I ain't going to let them go."
Mr. Horn then said he would get his shotgun.
The operator said, "No, no." But Mr. Horn said: "I can't take a chance of getting killed over this, O.K.? I'm going to shoot."
The operator told him not to go out with a gun because officers would be arriving.
"O.K.," Mr. Horn said. "But I have a right to protect myself too, sir," adding, "The laws have been changed in this country since September the first, and you know it."
The operator said, "You're going to get yourself shot." But Mr. Horn replied, "You want to make a bet? I'm going to kill them."
Moments later he said, "Well here it goes, buddy. You hear the shotgun clicking and I'm going."
Then he said: "Move, you're dead."
There were two quick gunshots, then a third.
"I had no choice," Mr. Horn said when he got back on the line with the dispatcher. "They came in the front yard with me, man."
The 9-1-1 call ended about 80 seconds after the shots were fired, when officers arrived on the scene.
Joe Horn was acquitted... I would shoot someone if I was in the right frame of mind. In the end it all comes down to what all crap I have put up with and who would get the short straw. I wouldn't be caught dead on a motorcycle...but I work HARD for everything I have. Who knows what I would do???
quote:Originally posted by HooverTactical
Joe Horn was acquitted... I would shoot someone if I was in the right frame of mind. In the end it all comes down to what all crap I have put up with and who would get the short straw. I wouldn't be caught dead on a motorcycle...but I work HARD for everything I have. Who knows what I would do???
If someone were stealing my car/bike/whatever I would be furious and feel like hurting the person. But I know people who have had to use deadly force, and it is always a hard thing to live with. I would personally just need the story to be something like "he was breaking into my home and I feared for my family" not "I shot him in the back as he drove away"
I truly understand why someone would might fire in that situation though
[:D]