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     The Defence of Our Homes
       In what manor are we allowed to Protect our homes

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SilverStar

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I, not too long ago had a lawyer tell me that you are only allowed to defend your house with the same force as the aggressor.

So if the person breaking into your house has a knife, you are only allowed to use a knife, but you can not use a gun.



-------
Darkside Enterprises were the impossible meets possible.

Tread softy and carry a big stick, preferably an AT4
 


Posts: 681 | Posted: 01:41 AM on September 9, 2007 | IP
sstrang

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Absurd. If a person breaks into your home, you may do whatever you see necessary to protect yourself and your family. Because the intentions of the criminal are unknown, and because they broke the law by breaking into your home, you are entitled to do what is necessary to stop the assailant; so long as you do not use excessive force.
 


Posts: 12 | Posted: 5:37 PM on September 24, 2007 | IP
SilverStar

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That's what I told him.


-------
Darkside Enterprises were the impossible meets possible.

Tread softy and carry a big stick, preferably an AT4
 


Posts: 681 | Posted: 8:35 PM on September 24, 2007 | IP
kindrox

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Well I donít know where you live, so I will answer based on Texas.  Although a lawyer with the knives for knives sounds suspiciously stupid for reasons below.  The laws of many other states are theoretically the same but often different in practice.  From Texas law

Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.

Notice the law never mentioned what types of force you may use, or you may come across.  

The proper thought is the harm you are looking to prevent, and the disparity of force between you and your attacker.  If you are trying to prevent being assaulted by a nerf dart shooting child, the law is not going to support your doing much more than taking the nerf gun away.  Because you as an adult have much more force at your disposal than the child.

However a lone woman being menaced by a group of otherwise unarmed men would be fully justified in shooting to defend herself.  Because the group of men have much more force at their disposal than the lone woman.

The last thing to keep in mind is the difference between deadly force and force.  A slap is force, but not deadly force.  Deadly force is that which could kill, OR could reasonably be foreseen to cause a PERMINANT change in a personís quality of life.

A simple assault with fists and feet can well be an attack with deadly force, as people do die from punches and the like.  Deadly force is deadly force, and can certainly justify your defending yourself with deadly force, be that knife, gun, ect.

 


Posts: 54 | Posted: 7:19 PM on December 3, 2007 | IP
frank

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there hould be no lethal force allowed for civilians in home defense.
pick up the phone
(you are on it all day long anyway)
and dieal 911 ( a nomber many of you are very familiar anyway)
and use pepperspray if neccessay.

lethal force should be the monopoly of the police!
 


Posts: 12 | Posted: 4:28 PM on July 25, 2010 | IP
Silverhair

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Quote from frank at 4:28 PM on July 25, 2010 :
there hould be no lethal force allowed for civilians in home defense.
pick up the phone
(you are on it all day long anyway)
and dieal 911 ( a nomber many of you are very familiar anyway)
and use pepperspray if neccessay.

lethal force should be the monopoly of the police!


Dial 911 and W-A-I-T for help?  But the attacker in the house RIGHT NOW!




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Silverhair
 


Posts: 1 | Posted: 7:02 PM on October 4, 2010 | IP
SilverStar

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I know people that season their food with pepper spray. were I live it takes the cops 15 minutes to get to your house no matter what the reason. every one in my area knows that, including the criminals. the reason why nobody in my neighborhood has people breaking in while they are home is that every one has a gun somewhere in the house to defend the house and the people in it. if you point a 12 gauge at some one they will sit nicely and wait for the cops or at least run away never to be seen again. but if your only defense is telling the crook that the cops are on the way, then the crook will simply laugh at you as they are walking away with everything of value.


-------
Darkside Enterprises were the impossible meets possible.

Tread softy and carry a big stick, preferably an AT4
 


Posts: 681 | Posted: 3:00 PM on November 30, 2010 | IP
knhk

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Quote from SilverStar at 12:41 AM on September 9, 2007 :
I, not too long ago had a lawyer tell me that you are only allowed to defend your house with the same force as the aggressor.

So if the person breaking into your house has a knife, you are only allowed to use a knife, but you can not use a gun.



I shoot.  He intends to use the knife.  That is deadly force.  If he didn't intend to use the knife, he would have left it at home.



 


Posts: 10 | Posted: 03:40 AM on March 28, 2011 | IP
knhk

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Quote from frank at 3:28 PM on July 25, 2010 :
there hould be no lethal force allowed for civilians in home defense.
pick up the phone
(you are on it all day long anyway)
and dieal 911 ( a nomber many of you are very familiar anyway)
and use pepperspray if neccessay.

lethal force should be the monopoly of the police!


I know 3 women who were rapped and beaten for 14 hours.  They screamed in pain and agony the whole time.  They called the police and they came by several times and left.  I don't think those 3 women will agree with you.



 


Posts: 10 | Posted: 03:46 AM on March 28, 2011 | IP
nogods

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Quote from frank at 3:28 PM on July 25, 2010 :
there hould be no lethal force allowed for civilians in home defense.
pick up the phone
(you are on it all day long anyway)
and dieal 911 ( a nomber many of you are very familiar anyway)
and use pepperspray if neccessay.

lethal force should be the monopoly of the police!


Socially, politically and legally our traditions treat the home as the last refuge.  

No one should ever be compelled to leave their home because of an intruder.  No one should ever have to suffer physical harm because of an intruder.

When a thug enters that sacred space he has chosen to break the social contract that places value on his life.  He is the one who has chosen to risk his life an well being for whatever mayhem he was intending cause.

Police don't prevent crime - they investigate it and attempt to catch the criminal after the crime has been committed.  

The ability of the police to prevent crime or interrupt a crime in progress is entirely happenstance.

911 is an emergency response system.  It can't prevent physical injury from a home invasion anymore than it can prevent a heart attack.  it is a system for responding to crime, not a system for preventing it.


 


Posts: 12 | Posted: 5:29 PM on March 31, 2011 | IP
SilverStar

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also you can not sue the police if they bfail to show up in time, even for hours. and if you live out in the country you're looking at minimal of 15 minutes till the cops show up. that is more than enough time to kill some one and get a way.


-------
Darkside Enterprises were the impossible meets possible.

Tread softy and carry a big stick, preferably an AT4
 


Posts: 681 | Posted: 2:48 PM on April 3, 2011 | IP
    
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