Re: Overheard on the scanner

On May 7, 11:27 am, David Friedman <d...@[EMAIL PROTECTED]
>
wrote:
> In article <howard-BDFF8A.09153207052...@[EMAIL PROTECTED]
>,
>  Howard S Shubs <how...@[EMAIL PROTECTED]
> wrote:
>
>
>
> > In article <ddfr-67956F.22281706052...@[EMAIL PROTECTED]
>,
> >  David Friedman <d...@[EMAIL PROTECTED]
> wrote:
>
> > > In article <ku422495eagjrs5blfclu1fggvcni6c...@[EMAIL PROTECTED]
>,
> > >  Douglas Berry <penguin_...@[EMAIL PROTECTED]
> wrote:
>
> > > > Seriously, someone vandalizes my property, comes onto my property
> > > > univited and without permission.. they are going to meet Mr.
Shotgun.
>
> > > That is, under current legal rules--probably under anglo-American
law
> > > going back well over a century--a very risky policy.
>
> > Depends on location.  In some places, they'll cite the trespasser, if
he
> > survives, and the property owner will not be touched.
>
> > > And if the person is coming onto your land uninvited and without
> > > permission but not vandalizing, I don't think you have a hope of
winning
> > > in either a criminal or civil trial.
>
> > Then you have much to learn, young Skywalker.
>
> In what states is it legal to use lethal force against someone who is
> merely on your property--not inside your house--without your permission?


Even in Texas which is probably the most liberal about that (liberal
from the self-defense pov) requires that to shoot someone who is on
your land (or that of a friend if defending the property of that
friend) and you have no immediate threat to life limb or theft of
property, 1- it must be after dark, 2-they must engage in some
criminal activity as or more serious than malicious mischief.

That law was originally aimed at rustlers, such that if you come on
the rancher's land after dark, and touch his fence with something that
can be used to cut the fence, he can kill you legally without any
further action on your part.  That is also I think the reason that
fences on Texas ranch land are set back from the property line further
than a man can reach.  You can climb the fence, and continue to
trespass w/o tripping that legal trigger, just not look like you are
trying to cut it, or other wise harm the owner's property.

It has been used as a justification as recently as last year in the
shotgun shooting in a Houston suburb (Pasadena) where a man killed two
unarmed thieves on the unfenced yard of his elderly Vietnamese
neighbor who was not home when they failed to drop the property they
were stealing from his neighbor.

My take is in that specific case he should not have shot, and should
have given more warnings, but as I understand it he did nothing
illegal.

Google "joe horn" and "pasadena" to see a bunch of diatribes against
the law.