Sniping Laws

[drummingchevy]

Basically here's the scenario: I park in front of my house and I have a clear view of my truck from my window. I can hear everything that goes on outside, so if someone decides to break into my truck, I'll more than likely know.

Can I legally "snipe" someone from my window if they are, in fact, breaking into my truck and avoid confrontation and keep myself out of danger, or would I be screwed if I did such a thing?

 

[San Antone RR]

Probably not the wisest thing. Open the window/door and yell that you are armed. Most likely the only thing thing you will see are a**holes and elbows and you won't have to kill anyone.

Look up the TX references to Castle Doctrine or wait for TXInvestigator to impart his wisdom.

 

[berto40]

Hahahhaaa....if your protected or not, be sure you are ready to drop tons of loot on your legal fees!!! I guess in a situation like this, you've gotta weigh all your outcomes...hmmm...should i shoot this clown for breaking my window $200, taking $50 in cd's, $100 radar... and then still have to pay an attorney $??,??? . So you may have criminal issues, then civil court issues. You may want to put a retainer on an attorney and consult with them before doing this type of action and also, let them know you've prepared for this scenario so that he can somehow prove it's not meditated.....ps...i'm no attorney...just read a little about laws...

 

[Moss_Berg5150]

lol, whether it's legal or not the best advice I can give is to DO NOT SNIPE ANYONE!!!! Just call the police let them know you are witnessing some one breaking into your vehicle. If you want to confront them, then fine. I would not recommend it. Remember Sniping isn’t just about shooting, there is plenty of information to be gathered and you could be an asset to the police and any neighbors who may have been robbed as well. If you decide to go Gung Ho and start taken headshots from your bedroom window, you may be justified because they are on your property and committing a burglary, but I would seriously feel sorry for the lawyer that has to defend you in that scenario. There are too many other options to consider before going Tom Berringer on those yahoos! I'm sure Texas Investgator will have more to say on this...

 

[txinvestigator]

The Castle Doctrine only applies to your OCCUPIED home, vehicle, business or place of emloyment.

drummingchevy, to help you answer a few questions for me. What is your age? Are you healthy and fit, or old and decrepit?

I have a story that relates to the answer to those questions.

But first, the law; in the case you describe, you would be using deadly force to protect property. Texas has a justification for that, in specific circumstances. You should Google Texas Penal Code and read Chapter 9. Look up the definitions of phrases you find there like "defense to prosecution, and "deadly force".

Texas laws includes a justification for using Deadly Force to portect property if;

you reasonably believe the deady force is immediately necessary to prevent the imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. Burglary of a vehicle is a seperate crime and is not included; although, theft MIGHT cover the burglary of a vehicle.

However, you also must reasonable believe the property cannot be protected or recovered by any other means; or the use of force other than deadly force to protect or recover the property would expose you or another to a substantial risk of death or serious bodily injury.

Does you scenario cover all of that? Pay close attention to phrases like, "reasonably believe", "immediately necessary", etc. Do you know how a defense to prosecution works? Is "stuff" worth losing your freedom?

 

[nalioth]

Please show me where 'sniping' is written in to any laws we have.

 

[Southpaw]

http://www.texasguntalk.com/forums/beginner-articles/8733-texas-gun-laws-use-deadly-force.html

 

[Moss_Berg5150]

Please show me where 'sniping' is written in to any laws we have.

 

[txinvestigator]

Please show me where 'sniping' is written in to any laws we have.

While the term is not in the Penal Code, we all know what he meant. At least everyone else.

 

[txinvestigator]

Please leave the law quote in. Supports the other posts.

 

[nalioth]

While the term is not in the Penal Code, we all know what he meant. At least everyone else.

No sir.

My point is that if he feels that deadly force is needed under the law, "sniping" or "smashing-in-head-with-shovel" or "smothering-with-agitated-cat" are all allowable.

Deadly force is deadly force.

 

[txinvestigator]

No sir.

My point is that if he feels that deadly force is needed under the law, "sniping" or "smashing-in-head-with-shovel" or "smothering-with-agitated-cat" are all allowable.

Deadly force is deadly force.

Yeah, I think we all knew that. I have to agree that you just like to argue.

 

[Moss_Berg5150]

Yeah, I think we all knew that. I have to agree that you just like to argue.

Alright boy's I think he gets it... let's go ahead and consider this resolved and jump on something else!

 

[majormadmax]

What about trunk monkeys? Are they allowed under Texas law?



And please, if you do have a trunk money, ensure that he has reading material to keep him gainfully occupied until needed!



Otherwise, they let all the air out of your spare! Trust me, that warning is in the instruction manual (in case you didn't read it!).

Thanks! M2

 

[SIG_Fiend]

Seriously??? Put the beer down. This thread is done.