I'll opinionate on this thread one more time and give up:
The law regarding shooting someone outside our home, yet still on your property is governed by the "Castle Doctrine".. even in TX.
sure many of you feel you can shoot someone in TX (an make no mistake, when we say say shoot, we mean shoot to kill.. there is no such thing as "shoot to wound in the real world"; no matter how much hollywood has brainwashed you)... once you point that gun at someone and pull the trigger and hit them, it's intent to kill. I dare you to try and tell the story "oh , I was shooting to wound". no one will believe you.
even in Texas, if you shoot someone on your property for theft outside your home, you may be found innocent after it's all said and done after the court hearings. BUT, it will not be without a lengthy court proceeding. You can't just shoot them and have the cops show up and say "oh yeah, that's allowed in TX". it doesn't work that way. You get booked, taken to jail, questioned, and a court date. Particle makes it sound likes it's a clear and free right of all Texans. NOT in the real world. That's fantasy land of the gun fanatics.
Once you spend the night in jail, make bail, and get to court, a jury of your peers may find you justified; but it's gonna cost you.. and they are gonna look at all the evidence. It's a long drawn out expensive ordeal.
there are some general guidelines concerning the castle doctrine, I dont care what state you're in. They will affect how a jury votes:\
Quote:
In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:
* An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
* The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
* The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
* The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
* The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
* The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)
In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.
now all that being said, you really need to think before you just yank that trigger and think you will get off scott free just because you think it is allowed in your state.
I know too many gun adiccts who have not seen actual combat/situations that live the fantasy of gun play in their minds. and after a while, the fantasy becomes the way they think they know how it goes down. I wish I could put them in a real world gun battle to turn the light bulb on in their head. The public is so F*** up concerning many of these things. and luckily most of them, it will only be a fantasy or a nonreal event.
ok, off my soapbox.