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NWFlyer

Home Security for Broken Windows

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For those too lazy to look it up:

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Subch. D. PROTECTION OF PROPERTY
PC §9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is justified in
using force against another when and to the degree the actor reasonably
believes the force is immediately necessary to prevent or terminate
the other's trespass on the land or unlawful interference with the
property.
(b) A person unlawfully dispossessed of land or tangible, movable
property by another is justified in using force against the other when
and to the degree the actor reasonably believes the force is immediately
necessary to reenter the land or recover the property if the actor
uses the force immediately or in fresh pursuit after the dispossession
and:
(1) the actor reasonably believes the other had no claim of right
when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force,
threat, or fraud against the actor.



In other words, if someone comes onto your property, or takes something that belongs to you and runs away, you can shoot 'em.

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Ah yes, but it still doesn't mean you can set up a shotgun rigged trap that goes off on its own. That setup doesn't have the human judgment called for in the statute.

I still wouldn't shoot anyone running with my stuff, but it would be tempting.>:(



Texan here. My understanding is you can't legally have guns rigged as booby traps but the way the law reads you could have chemical weapons, e.g., pepper spray.

Walt

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