reason to carry


cdr63corv

New member
hello everyone. Have been a long time follower of the site but until recently hadn't joined. Guess I felt the need to tell my story. I got my ccw permit because I travel constantly for work and well get sent to some unsavory locations. recently got sent to Amarillo for a short project. was put up at a decent well known chain motel. one morning went to put my wifes purse in the truck figured it was safer than leaving it in the motel room. five minutes later looked out the room saw my ride to the jobsite was there to pick me up. while walking to the vehicle noticed the back window looked funny. long story short someone broke into my pickup and tried to steal it. I am now out thousands of dollars. had to rent a car drive 800 miles home for Christmas and have to return to pick truck up when steering column etc is repaired at the shop, definitely put a damper on my holidays. I didn't always carry my weapon but will from here on out, will always wonder what would have happened if things would have been a minute or two either way. guess stuff happens and hope there is something others can learn from my misfortune. if you have any advice on dealing with insurance companies your advice will be greatly appreciated lol. please always be prepared because you never know
 

How would you being armed have changed the outcome of this story?

One would naturally assume, that being armed and spotting the thief, the history would definitely have been changed. Sad situation for him and one that he will never forget in future planning.
 
One would naturally assume, that being armed and spotting the thief, the history would definitely have been changed. Sad situation for him and one that he will never forget in future planning.

1. He didn't spot the thief and being armed wouldn't have given him sharper eyesight.

2. Had he spotted the thief, yelling "get away from my truck!" Would likely have had the desired result (I.E. The thief leaves). So unless he sees the thief and intends to hold him at gunpoint for the police (Which creates its own set of problems) the gun changes nothing.

Kinda like Raiders of the Lost Ark. Indiana Jones changes nothing. With him or without the Germans find the Ark, open it and die
 
But....but.....but.....

I thought that carrying around big chunk of the Element of Surprise concealed in a holster was supposed to ward off all evil like a magic talisman!?!
 
Let us remember that carrying lethal force is for protecting us from a potentiality iminent threat to us and our loved ones.
 
Let us remember that carrying lethal force is for protecting us from a potentiality iminent threat to us and our loved ones.

Unless if you're in Texas. I thought I read somewhere or heard somewhere that you can legally shoot someone in the back if you catch them running off with your property.


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Unless if you're in Texas. I thought I read somewhere or heard somewhere that you can legally shoot someone in the back if you catch them running off with your property.


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You better pin down that thought before acting upon it.
 
You better pin down that thought before acting upon it.

Not sure how reliable this is but according to a post made by one of the moderators in this forum, you can. Sounds like it's advised to only do it for something expensive being stolen, not just for a shovel that some dude decided to swipe from your front porch...lol.


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Not sure how reliable this is but according to a post made by one of the moderators in this forum, you can. Sounds like it's advised to only do it for something expensive being stolen, not just for a shovel that some dude decided to swipe from your front porch...lol.


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"I thought I read or heard somewhere."

Try that as a defense in court and let us know how it works
Guess ya didn't see my post after Reba's where I posted that URL. But, A), I don't live in Texas and, B), you're on your own to find out what's legal and what isn't in the state you live in. I wouldn't just be going off assumption, I'd be makin' sure beforehand if I would be in serious doo-doo or not if I started slingin' lead at someone I caught trying to break into my vehicle out in the driveway or on the curb.


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Texas law:

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

PENAL CODE
-snip-
SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 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.
-snip-
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

It would appear to me, and I am not an attorney in Texas or anywhere else (not even on the internet), that Texas law allows the use of deadly force as a response to property crimes especially after dark.
 
Texas law:

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

PENAL CODE
-snip-
SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 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.
-snip-
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

It would appear to me, and I am not an attorney in Texas or anywhere else (not even on the internet) that Texas law allows the use of deadly force as a response to property crimes especially after dark.

Texas' law is not verbatim identical to Alabama's law, but its provisions and meanings certainly are. I know I've read others that have similar provisions/protections for those who use deadly force to stop property crimes in-progress. It's why I'm always a bit baffled by people who say it's only "legal" to use a gun in defense from an imminent threat. Some state laws are catching up to the reality that one only knows how "imminent" a threat was after the threat became real, and with that premise in mind, state laws are more and more recognizing that property owners should have the backing of government in the form of a presumption of justification in using deadly force once the criminal acts of various degrees of arson, burglary and robbery have already happened. It's certainly up to each individual to figure out what time, if any, is the right time to engage with a gun in other-than-immediate-response-to-a-violent-attack situations, but that it's "legal" in several states is not in question at all. The fact that blood isn't flooding the streets of the jurisdictions that give that much discretion to its citizenry should be proof enough that their governments were right to lower regulations on the law-abiding, and establish a permanent implied threat of severe, on-the-spot consequences for criminals. The citizenry should be trusted, and it works just fine in states where they are trusted with the most autonomy concerning uses of force.

Blues
 
I am a small town Midwestern boy who had never had anything like this happen to myself or anyone I know. not sure how I would have reacted if I had seen the criminal. definitely know I will be carrying whenever possible from here on out. Guess I just needed to tell my story and hope others can learn from my misfortune it happens quick and honestly believe not everything can be forseen. I am pretty carful of my surroundings etc.
 
Amarillo is in Texas..... I check the current laws for carry in each state I will be in, all laws are different for carrying and also different for using. Every state allows protection of self and others, but property varies wildly.
 
"will always wonder what would have happened if things would have been a minute or two either way"

If people had read the OP you might have seen he was shaken into full time carry because he saw how close he had come to catching the guy in the act. Getting cracked in the head by whatever was used on the window might seem a real possibility to him now.

He had made two trips very close together it was between those trips that it all went down.

But its a lot more fun to just blather on about nothing. :laugh:

Some folks might need to watch a little less Big Bang Theory and think for themselves on the Indiana Jones thing...
 
hello everyone. Have been a long time follower of the site but until recently hadn't joined. Guess I felt the need to tell my story...
Not much to tell here. I've had a few questionable instinces where having a gun made me feel better, but I've never had to draw or fire it. Peace of mind, guess.


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