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by alistairSH 2556 days ago
Texas Penal code specifically uses the term "habitation", not "property" when discussing the use of deadly force. If some jackass is shooting at strangers who wandered onto his property, he's committing a felony.

See Texas Penal Code §9.31 (castle doctrine as it relates to trespass and non-deadly force) and §9.32 (castle doctrine as it relates to habitation and deadly force).
1 comments
geggam 2556 days ago
The castle doctrine does apply to living areas. True.

There are other codes however allowing for the use of deadly force

is also justified in using deadly force if: (1) he reasonably believes that it is necessary to use force to prevent or terminate the trespass; and (2) he reasonably believes deadly force is necessary to prevent the trespasser from committing certain crimes, such as arson, burglary, or robbery.

Just stating a word of caution. Life is different than the city and laws vary but landowners have significant rights.

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shereadsthenews 2556 days ago
In the West most "ranchers" are just running herds on BLM leases. It is not "their property" by any definition. By contrast virtually all ranches in Texas are on private holdings.
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geggam 2556 days ago
There is also the case of Indian Reservation trespass which brings an entirely different set of police and rules to bear.

I live in AZ and am surrounded by reservation or BLM land. There are no clear markers marking the difference.

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alistairSH 2556 days ago
That it's considered acceptable in Texas (and much of the west) to leap straight to "there's somebody on my property; if I don't shoot'em, I'm a dead man" is bonkers to me.
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Frondo 2555 days ago
It's really not. The one guy in this thread who keeps trying to say that is, I think, either mistaken (from movies or whatever) or is trying to paint an exaggerated portrait of rural life such that it seems extreme to urban-living folks; either way, it's not the case.

You don't go around shooting people you see on your property. "You did WHAT Jim? Because you saw some guy out in the cotton?"

(Now watch that same individual in this thread come back and say, "well, it's not like that in cotton country, but where they're ranching..." and...no.)

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geggam 2555 days ago
No where did I condone shooting or state it was a preferred method of dealing with people in rural areas.

What I am cautioning some people about is living in southern AZ (and I am sure TX) there are specific dangers and police are sometimes over an hour away. ( most of the time at least 30 minutes)

Drug runners and coyotes do operate out here and if you interact with someone who lives in an area like this they see that stuff.

Following your GPS and ending up in a wash you shouldnt be in can create a situation where a landowner, who knows police arent coming anytime soon to protect him, can be a bit nervous.

Most people have guns in their trucks out here too.

It is not the same as a city but nowhere did I say folks out in the country are gunning to shoot someone.

I did say be careful. Not all of the news about bad stuff on the border is dramatized.

Edit

Not to mention you might run into the drug runner or coyote who is already not following laws

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geggam 2556 days ago
With the constant trickle of folks who do illegal things around you and on your property. Who shoot at you if you get close to a car they abandon on your property.

How is it hard to see ? Ever been shot at walking around what amounts to your extended backyard ?

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dboreham 2555 days ago
It isn't considered acceptable. Only in the movies, or by people who are going to end up in jail at some point in the future.
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