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Re: After dark Criminal Mischief

Posted: Fri Sep 17, 2010 11:57 am
by Heritage1
Munk wrote:Can anyone clarify the law on this? I seem to remember that you have a right to draw your weapon on a burglar breaking into your car after dark. Is this correct?

Yes, you do have the right to DRAW, since that is what was asked, in that situation. It falls under the use of force. Non stature answer: You have the right to draw your weapon in any situation to stop criminal activity where the use of force would have been justified. As it has been discussed above the use of force would be justified in the hypothetical situation so the threat of force would be valid as well.

PC ยง9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force
is justified when the use of force is justified by this chapter. For purposes
of this section, a threat to cause death or serious bodily injury by
the production of a weapon or otherwise, as long as the actor's purpose
is limited to creating an apprehension that he will use deadly
force if necessary, does not constitute the use of deadly force.

Re: After dark Criminal Mischief

Posted: Fri Sep 17, 2010 12:17 pm
by Cobra Medic
The Annoyed Man wrote:Maybe not for you, but I love me some smoked pork ribs, and so does my pastor! And I'm a very religious man. Just not a religion that objects to pork. :mrgreen:
I'm not a member of religion that objects to pork or using deadly force to stop wickedness.

Re: After dark Criminal Mischief

Posted: Sat Sep 18, 2010 3:59 am
by KFP
KD5NRH wrote:
KFP wrote:One could argue that your 2010 Corvette could be replaced by your insurance company, it would be more difficult to replace your '68 Corvette that you worked on with your dad....
As has been discussed here in the past, the law says "recovered," not "replaced." There's an important difference.
Thank you for bringing this to my attention, somehow I've managed to miss that point. My personal opinion remains the same (avoid shooting unless absolutely necessary), but I will be making a change in how I instruct on that point. :tiphat:

Re: After dark Criminal Mischief

Posted: Wed Sep 29, 2010 8:51 am
by priusron
I live on 3 acres with fence al around. If someone is around my vehicles or in my barn after dark, he is up to no good. How much of a step is it from there to entering my house and raping or killing my family. I would rather stop it outside.
ron