what is your neighbor is being threatened
12-07-2007, 12:10 PM
#21
Boone & Crockett
Join Date: Dec 2005
Location: The Republic of Texas
Posts: 12,040
RE: what is your neighbor is being threatened
ORIGINAL: Rebel Hog
Texas Governor Rick Perry - Press Release - March 27, 2007
ORIGINAL: ipscshooter
12-07-2007, 12:10 PM
#22
Join Date: Oct 2005
Location:
Posts: 900
RE: what is your neighbor is being threatened
This case isn't a matter of the "castle law" or protecting your home. It's a self defense case and in most states you can use deadly force for self defense if your life is threatened (serious bodily injury) OR if someone else's life is being threatened (basically if you were in their shoes, would you be justified to use deadly force). At least in WV you can also use deadly force to stop certain crimes such as a sexual assault, kidnapping.
Some states require you to attempt to retreat before you use deadly force, WV does not, but I would imagine that this would be like the above rule and since the neighbor's wife was attempting to retreat, you'd be ok.
Some states require you to attempt to retreat before you use deadly force, WV does not, but I would imagine that this would be like the above rule and since the neighbor's wife was attempting to retreat, you'd be ok.
12-07-2007, 12:18 PM
#23
Dominant Buck
Join Date: Feb 2005
Location: WC FL
Posts: 26,323
12-07-2007, 12:22 PM
#24
Nontypical Buck
Join Date: May 2006
Location: Huntin' In Colorado
Posts: 2,910
RE: what is your neighbor is being threatened
If you shoot and kill the bad guy...only you will be telling the story. I could never stand by and watch someone being hurt while I was on the phone calling 911. I'm going to intervene with my weapon drawn and what happens next is up to the bad guy!
12-07-2007, 12:23 PM
#25
Nontypical Buck
Join Date: Jun 2007
Location: DFW
Posts: 1,195
RE: what is your neighbor is being threatened
ORIGINAL: johnnybravoo77
She was probaly nagging him to death, so this instance I beleive he has every right to chase her with a knife and/or firearm as this should be considered self defense.
She was probaly nagging him to death, so this instance I beleive he has every right to chase her with a knife and/or firearm as this should be considered self defense.
12-07-2007, 12:59 PM
#26
Giant Nontypical
Thread Starter
Join Date: Sep 2005
Posts: 6,867
RE: what is your neighbor is being threatened
one thing that gets me if your in a store or bank Joe come in tells bill to give him all the money or his dead you can kill Joe why can you not do the same it is a neighbor telling his wife shes dead
for me what i feel is right or what will save another persons live comes above the law i will not stand by and watch a person be harmed be it a neighbors wife my kid or the neighbor's kid i do not know how any person could. there is a saying with out the presentes of light darkness proves. if you see a person being raped kills or kidnapped and do nothing especially if you have the means you are just as bad as if you did the dead yourself
for me what i feel is right or what will save another persons live comes above the law i will not stand by and watch a person be harmed be it a neighbors wife my kid or the neighbor's kid i do not know how any person could. there is a saying with out the presentes of light darkness proves. if you see a person being raped kills or kidnapped and do nothing especially if you have the means you are just as bad as if you did the dead yourself
12-07-2007, 01:51 PM
#28
Boone & Crockett
Join Date: Feb 2003
Posts: 10,679
RE: what is your neighbor is being threatened
You cannot act as a policeman. You would dial 911.
They commonly call this the "put yourself in their shoes" law. In Florida youare well within your legal rights to protect another persons life with deadly force regardless of wether they are on your property or someone elses. If you were in their situation and it would be legal to use deadly force to protect yourself then it would also be legal for you touse deadly force to protect their life.
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
12-07-2007, 01:57 PM
#29
Giant Nontypical
Thread Starter
Join Date: Sep 2005
Posts: 6,867
RE: what is your neighbor is being threatened
i saw a show on ane where a guy had a armed man come in his house he shot him with his shotgun then his bow and he went to prison i guest at the time in tenennes you could not kill a intruder at any cause
12-07-2007, 02:53 PM
#30
Join Date: Jan 2006
Location: WYO
Posts: 2,298
RE: what is your neighbor is being threatened
If you really want to know, keep a close watch on this case. It practically mirrors the argument in this thread. A 61 year old man saw two men breaking into his neighbor's house in Pasadena, TX on November 14, and when he went out to confront the burglars he ended up shooting and killing them both with a 12 gauge shotgun. At the moment no charges have been filed against him, but local police are compiling a report that they plan to present to the country prosecuters. They think the case will end up in front of a grand jury.
http://www.foxnews.com/wires/2007Nov...ooting,00.html
There was a protest in front of the guy's house on Monday that got a little out of hand.
http://www.khou.com/topstories/stori....5f508ed6.html
http://www.foxnews.com/wires/2007Nov...ooting,00.html
There was a protest in front of the guy's house on Monday that got a little out of hand.
http://www.khou.com/topstories/stori....5f508ed6.html