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Use of Deadly Force to Protect Personal Property

Discussion in 'Guns & Hunting' started by TXMiamiFan, Aug 26, 2019.

  1. Aug 26, 2019 at 12:54 PM
    #31
    Porkchop Express

    Porkchop Express Its all in the reflexes

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    The whole "stuff" ie (property) is a weak argument if lethal force is used and there was no Motive, Oportunity, or Means on the perps side. Then that is manslaughter over goods and services.
    I mentioned my dog being viewed as property by the state to put a wrinkle in the argument. My dog is part of my family , and he deserves a chance to shit in the yard again so i will defend his life.
    The divide between stuff and people is pretty clear , however i would perhaps draw on someone committing a property crime if the situation is warranted. I will wait for LEO to show and handle the heavy lifting , Im not spending a night in the clink over a TV or jewelry.
    But i do stand by the argument that law abiding citizens should be empowered to fight back and deter property crimes as well as violent attacks.
     
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  2. Aug 26, 2019 at 1:00 PM
    #32
    Deuxlatch

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  3. Aug 26, 2019 at 1:01 PM
    #33
    Toyotoholic

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    You come on my property without permission and with bad intentions... You very may well have stepped your last steps. Today's no consequence society, and "let him go" philosophy has only lead to more daring crimes. Unfortunately to the point where you get more likes on your FB if you make the news for your crime. If some punk thief thinks it's ok to trespass, steal, and get away with it, it will not be long before they step it up to the next level crime.
    If you trespass on my property (signs posted) you will not be "let go" to do it again and again and again and again... and I'll face the music of my choices because I am responsible for them. I will sleep well at night knowing that my family is safer. If people look at me and say "that's the guy who will end you if you steal from him", then I've made the right impression.
     
    Last edited: Aug 26, 2019
  4. Aug 26, 2019 at 1:12 PM
    #34
    computeruser6

    computeruser6 Gott Mit Uns

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  5. Aug 26, 2019 at 1:20 PM
    #35
    tbrown

    tbrown 2017 CM FFV

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    but ya kinda did...

    "If a guy gets shot in the stomach after stealing a stereo , im guessing he will start to reflect on some of the poor life choices he made to bring him to the bullet in his guts."

    This is pretty much the definition of talking out of both sides of your mouth
     
  6. Aug 26, 2019 at 1:21 PM
    #36
    ColoradoTJ

    ColoradoTJ Certified tow LEO Staff Member

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    I only needed to watch about 1 1/2 minutes of that stupidity.
     
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  7. Aug 26, 2019 at 1:25 PM
    #37
    computeruser6

    computeruser6 Gott Mit Uns

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    The conversation between the cops and these three exceptional individuals is amazing, it's worth another five minutes:

    https://youtu.be/gjYuiLKHmPM?t=13818
     
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  8. Aug 26, 2019 at 1:27 PM
    #38
    ColoradoTJ

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    I'll check it out later. Thanks for the heads up.
     
  9. Aug 26, 2019 at 1:39 PM
    #39
    sundance

    sundance New Member

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    IMHO... I don't believe most situation such as presented in the OP every really occur. Sure. It might from time to time, but MOST of the time there is always something that doesn't fit the OP narrative.

    If I come home, there is good chance, I don't know who else in my house besides my property.

    Tell me. How am I suppose to KNOW beyond a reasonable doubt, that whomever is present is just looking to take my property?
     
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  10. Aug 26, 2019 at 1:49 PM
    #40
    TXMiamiFan

    TXMiamiFan [OP] SSEM #3 and tractor extraordinaire

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    If the person is in your house, castle doctrine applies (I did stay at a holiday inn express . . . once). I believe some of the examples in the article where personal property outside the house.
     
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  11. Aug 26, 2019 at 2:01 PM
    #41
    Porkchop Express

    Porkchop Express Its all in the reflexes

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    I didn’t say I am going to shoot someone for stealing my property, I made a hypothetical statement about how a criminal may do some self reflecting after being shot for stealing property.
     
  12. Aug 26, 2019 at 2:05 PM
    #42
    TXMiamiFan

    TXMiamiFan [OP] SSEM #3 and tractor extraordinaire

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    Doubt it . . . if so, we wouldn't have repeat offenders. Of course stats below don't show how many were shot, but goes to show perps don't learn and make different life choices.

    Mariel Alper, Ph.D., Matthew R. Durose, BJS Statisticians, Joshua Markman, former BJS Statistician

    May 23, 2018 NCJ 250975



    Examines the recidivism patterns of former prisoners during a 9-year follow-up period. The report provides data on the number and types of crimes prisoners commit after release, by offender characteristics, commitment offense, whether the arrest was within or outside the state of release, and whether released prisoners had no subsequent arrests during the follow-up period. It also shows how recidivism and desistance patterns change when using longer or shorter follow-up periods, including cumulative and annual arrest percentages, year of first arrest following release from prison, and the total number of arrests of released prisoners. Findings are based on data from BJS's Recidivism Study of State Prisoners Released in 2005 data collection, which tracked a sample of former prisoners from 30 states for 9 years following release in 2005. Source data are from prisoner records reported by state departments of corrections to BJS's National Corrections Reporting Program and national criminal history records from the FBI's Interstate Identification Index and state criminal history repositories via the International Justice and Public Safety Network.



    Highlights:

    • The 401,288 state prisoners released in 2005 had 1,994,000 arrests during the 9-year period, an average of 5 arrests per released prisoner. Sixty percent of these arrests occurred during years 4 through 9.
    • An estimated 68% of released prisoners were arrested within 3 years, 79% within 6 years, and 83% within 9 years.
    • Eighty-two percent of prisoners arrested during the 9-year period were arrested within the first 3 years.
    • Almost half (47%) of prisoners who did not have an arrest within 3 years of release were arrested during years 4 through 9.
    • Forty-four percent of released prisoners were arrested during the first year following release, while 24% were arrested during year-9.

    https://www.bjs.gov/index.cfm?ty=pbdetail&iid=6266
     
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  13. Aug 26, 2019 at 2:09 PM
    #43
    Notachickmagnet

    Notachickmagnet New Member

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    So years ago a guy tried to break into 4 houses on my block. 3 houses he turned and ran...he was met with a gun in 2 of those houses, one he couldnt get into. The 4th house he got into....
    It was MY house. He didnt make it into the living area, just the basement. Neighbors all called the cops. Cops caught him in my side yard. When he came out of my basement. His defense was, he was lost, didnt know where he was. He was caught with a knife, the length of the blade I guess is what sent him to prison.
    So, I guess, someone comes into my house uninvited. I figure it's to do harm. They will see my gun.
    Steal from my garage or shed...nah.
     
  14. Aug 26, 2019 at 2:10 PM
    #44
    tbrown

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    The scenario ive heard is more of someone on your property or leaving your home. Example, you hear someone in your shed at night and go to investigate. Or a thief thinks you’re not home then realizes you are and tries to flee with your property.

    In my carry class years ago, a legitimate question I heard asked was “if someone is running my door or climbing out my window with my tv I’m ok if I shoot him before he gets out right? Should I drag him back him if he falls out?” Meaning no ones life was in jeopardy, just the mans $200 tv, and the threat was retreating and he wanted to kill the man if that scenario arose...that kind of attitude is what threatens our gun rights imo.

    Now if the individual is in your house, especially if you have family home, once you have identified as an intruder by all means skin that smoke wagon!
     
  15. Aug 26, 2019 at 2:11 PM
    #45
    Porkchop Express

    Porkchop Express Its all in the reflexes

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    For some reason this all reminds me of an article i read about rape and blaming the victims for their provocative dress.
    Might be a stretch to tie these two crimes together , but "letting them go" after they steal your property would be kinda like blaming you for having nice things worthy of someone stealing.
     
  16. Aug 26, 2019 at 2:13 PM
    #46
    TXMiamiFan

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    Judges say: "Yep. It's a stretch".

    :rofl:
     
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  17. Aug 26, 2019 at 2:14 PM
    #47
    tbrown

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    Yeah, it’s tough for sure, I wish just the only two possible options weren’t let them go tell no one and pretend like it didn’t happen or perform a failure to stop and put two center mass and one to their dome.

    If only there were alternatives to the two...
     
  18. Aug 26, 2019 at 2:18 PM
    #48
    TXMiamiFan

    TXMiamiFan [OP] SSEM #3 and tractor extraordinaire

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    Just remember, if you take that shot and miss and end up hitting little Suzy as she sleeps in her bed in the house across the street you will be liable, maybe not criminally, by civilly for sure. So sure hope you have a great umbrella insurance or good lawyer or both.
     
  19. Aug 26, 2019 at 2:19 PM
    #49
    sundance

    sundance New Member

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    I'm good with this. I probably would even try to wound the guy if he's in the house.

    I see a gun....... its at least a double tap.
     
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  20. Aug 26, 2019 at 2:47 PM
    #50
    Notachickmagnet

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    This is so true. Only way I would take a shot is within feet of me. If they were coming at me.
    One thing about the people that rob your sheds and garages, karma usually gets them in the end. I actually caught a woman in my yard walking off with my grandkids toys. She dropped the stuff when I got to her. Called the cops and described her. They caught her within minutes. I couldnt press charges, because I didnt live here. My daughter lived here. But before she went to court for it she robbed 2 houses...and got caught at each. But the best part was one house was the city prosecutor's house! She got hammered, probably has a couple more years to do.
     
  21. Aug 26, 2019 at 2:49 PM
    #51
    Porkchop Express

    Porkchop Express Its all in the reflexes

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    Im sure a gun in the face would cause some criminals to contemplate a career change.
     
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  22. Aug 26, 2019 at 2:51 PM
    #52
    jewsNbrews

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  23. Aug 26, 2019 at 2:53 PM
    #53
    Porkchop Express

    Porkchop Express Its all in the reflexes

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    perhaps.
    I do know that as soon as something becomes idiot proof , they build a better idiot...
     
  24. Aug 26, 2019 at 2:56 PM
    #54
    TXMiamiFan

    TXMiamiFan [OP] SSEM #3 and tractor extraordinaire

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    :rofl:

    I'm stealing this line

    :rofl:
     
  25. Aug 26, 2019 at 2:56 PM
    #55
    jewsNbrews

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    Unfortunately, I feel society is set up that way now a days though. Need warning labels for everything. I think we need to let natural selection do its thing again for a while.
     
  26. Aug 26, 2019 at 2:59 PM
    #56
    ColoradoTJ

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    Pretty civil conversation so far. Please keep it that way. This is one topic that people feel very strongly about.

    ***disclaimer, I have not even read any of what the OP has posted, but have been in many similar conversations.***

    Each state has different laws (and you personally should be very knowledgeable on the laws) and everyone that has a weapon must make very hard decisions long before even carrying a weapon, or owning one. The reason for this, mainly is when a threat happens, the situation has started and finished before you even have a chance to have a deep thought process on what you should do (trust me on this one). I have my own personal rules of engagement that I will not break for anyone.

    In todays world, outside ones home, you really better be sure on what the laws are and how "justified" to use any force. There are camera's everywhere, you most likely will be caught or have video surveillance of the whole event from start to finish.

    The average person that pulls the trigger can pretty much empty 100-150K dollars out of your account. Criminal lawyers are cheap, but it's the Civil side that gets really expensive. Keep that in mind. There are families that think the deceased family member was a outstanding citizen, and will do everything to prove that you're a murderer. Having insurance for such situations might be a good thing to have. Chances are maybe .01% that you will ever need this kind of coverage, but if you do.....

    Will I ever come out of my home if everyone is inside and someone is breaking into my car? Hell no. If someone wants a 2007 Lexus factory radio...have at it brah. Unless you have a top notch security system that allows you to see how many persons are outside, you have no idea what you are rushing into. A new and improved stereo will cost me 100.00. Deal.

    Will I ever go into my attached garage if someone has broken into it? No. The law is clear on this in CO. The garage is not considered your home. Same reasonings as the last paragraph.

    Will I engage if someone is inside my home? There is a really good chance of this happening. However, CO law also states if an intruder is trying to leave, you let them. Shooting an intruder in the back is really hard to defend in court claiming "self defense".

    Will I engage if someone is trying to break the window in my vehicle with me in it? Yep. CO law, a vehicle is an extension of your home. Someone breaks the window to assault me and I have no way to to escape, this will be a poor decision for someone. If there's no car either behind me or in front, I will just simply drive off to avoid confrontation.

    In the last 8 days, the following happened to me:

    Coming back from Jeeping, two vehicles got all buttsoar at a buddy of mine since he was not hauling ass while towing. He was going the speed limit, but hell, I guess people have shit to do on Sunday afternoon. The two vehicles obviously were together, and started throwing things at my buddies vehicle and one held a colapseable baton outside the window like it was going to scare him or something. Instead of pulling over (they had no idea we were behind them and maybe they considered we were together), we just called each other, maneuvered our tow rigs in a fashion to block the two vehicles behind us and they lost interest in us and pulled over/turned around. Could we have pulled over and had a brawl? Sure. Would it be smart? Nope. Could this been elevated enough for someone to use weapons? Maybe. We didn't want to find out knowing our past history together (we had weapons drawn on three people seven years ago).

    My neighbor called a on Sunday and informed me he had a disgruntled ex employee (first responder) and there was a good chance something might happen, so stay alert. OK.
    Well later on that night the queen and I were out on the back porch and heard some movement and voices. Not sure what the hell that was. It was pitch black. Since it was human voices, I wasn't as concerned as if it were animals (bears and mountain lion sightings). I grabbed the Surefire and went to investigate...went to voices. I was able to get within feet of these voices and used the flashlight to illuminate them. Come to find out, just teens doing stupid shit (not sure what) and ran off. The teens were around 10' from my back fence. Would have been funny if they ran right into it. It was so dark, if someone didn't know it was there, it would be found out the hard way. Now if I was a trigger happy person, my weapon of choice (G17 this time) would have been drawn, and ready to go. I'm not saying it wasn't at first, but as I crept forward, it was obvious it was young teens. The gun was secured, and no longer felt like a threat or a disgruntled ex-employee. Could this have been escalated into something if I let my mind run rapid over the earlier conversation with my neighbor? Maybe. The mind is a powerful tool.

    In the past month:
    I have seen two people come up my driveway and put the vehicle in park, noticed someone was home and left. My driveway is 200' and have a hard time believing they were just turning around. On the first one I came out, my kids were outside with the chickens. Could these incidents been escalated? Sure. They have no reason to be on my property. You would have to see my driveway and the road turning off to my driveway to understand.

    The point is, keep your cool, and don't escalate anything into something worse. It sucks if someone is breaking into a vehicle or stealing your cat converter under your Tundra, but is it worth any chance for you to be broke for the rest of your life, behind bars, or the feeling of taking a life when another choice could have been made? I would say for sure 100%.
     
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  27. Aug 26, 2019 at 3:01 PM
    #57
    Grumpy Uncle

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    So, I guess, someone comes into my house uninvited. I figure it's to do harm. They will see my gun.
    Steal from my garage or shed...nah.[/QUOTE]

    :thumbsup:

    Sorry something got cut off. Was quoting @Notachickmagnet.
     
    Last edited: Aug 26, 2019
  28. Aug 26, 2019 at 3:01 PM
    #58
    tbrown

    tbrown 2017 CM FFV

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    #8447
    Messages:
    1,001
    Gender:
    Male
    Nashville, TN
    Vehicle:
    2017 TRD Blazing Blue
    Magnuson Supercharger Kooks long tube headers King 3.0 remote reservoir w/ clockers front King 3.0 triple bypass remote reservoir rear Deaver Custom leaf Method 312 Corsa Exhaust w/ custom stainless bro’s resonator tip Custom HP tune Viair 400c Dual Onboard Headlight Revolution Stealth Bar Baja design XL 80 ditch lights on SDHQ Ditch brackets Victory 4x4 sliders and bed Molle RCI Skids C4 fabrication overland front bumper Smittybilt x2o 12k winch Toyo Open Country RT 37’s Icon Billet Delta UCA’s Nitro 5.29’s ARB Air locker front and rear Switch Pros Leitner Designs Bed Rack ICS Fab Dash Mount Expedition One Dual Swing Rear Bumper Viper remote start Rosen in headrest DVD players
    Alright now Porkchop, I’ve been somewhat at odds with some things you’ve said, now you go post this junk...AND TOTALLY REDEEM YOURSELF!
     
    Last edited: Aug 26, 2019
  29. Aug 26, 2019 at 3:08 PM
    #59
    Porkchop Express

    Porkchop Express Its all in the reflexes

    Joined:
    Apr 8, 2019
    Member:
    #28807
    Messages:
    538
    Gender:
    Male
    First Name:
    Cody
    Vehicle:
    2017 Tundra CM
    Lift , tires , stereo , TRD headlights , Rolling tonneau
    civil conversation is how the cool kids do it.
     
  30. Aug 26, 2019 at 3:09 PM
    #60
    ColoradoTJ

    ColoradoTJ Certified tow LEO Staff Member

    Joined:
    Feb 24, 2016
    Member:
    #2766
    Messages:
    40,235
    Gender:
    Male
    Colorado
    Vehicle:
    LML 3500HD, Roush Mustang, Jeep Crawler
    Calibrated Power 5 Tune pack, Allison 1000 tune, PPE deep trans pan, Cold/Hot CAC pipes, Banks CAI, PCV reroute, resonator delete, S&B 62 gal fuel tank, B&W GN hitch
    You can't post that without the gif ...:rofl:

     
    BTBAKER, 15whtrd, JC303 and 10 others like this.

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