Originally posted by: ducci
Originally posted by: Vic
Originally posted by: KeithTalent
Originally posted by: Nitemare
You mean like maybe allow people to own guns and defend themselves and their properties...
like..."A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Why allow them to have guns if they can't use them?
A "well regulated" militia should be able to use them when it is reasonable and within the law. Giving a gun to every citizen will almost certainly remove the ability to have a "well regulated" militia and we will end up with many more cases like the one here, which is not a good thing at all.
KT
Your argument is just as wrong as his.
Haha, I was just about to post the same thing.
This isn't even an issue of gun ownership. I'm all for Horn's right to own a gun. Unfortunately, he has no right to shoot people in the back when they're trying to escape with things stolen from his neighbor's home.
Or maybe that's amendment 2.5?
Texas Penal Code:
§ 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) [/b]to prevent the other who is fleeing
immediately after committing burglary[/b], 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 bodily injury.
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
or child, resides with the actor, or is under the actor's care.
Under Texas Law. what he did was justified. If you don't like it don't move to Texas. We don't want you. Go cry in your Starbucks coffee.