ADN

[center]July 1, 2008

Texas jury OKs shooting burglars in the back?

Last year, a Houston-area man shot and killed two burglars he saw breaking into his neighbor's house, even after a 911 dispatcher warned him repeatedly against going outside with his shotgun.

Texas had recently passed a law allowing people to use deadly force to protect their own property, as Joe Horn was well aware, but it was unclear at the time whether the law would apply to protecting someone else's property. However, this Monday, a grand jury cleared Horn of any criminal liability

MSNBC's Dan Abrams discussed the case with two Houston defense attorneys, Brian Wice and Nicole De Borde. "Texas law allows you to shoot an intruder in certain circumstances," Abrams began, "but in the back? While 911's telling you not to do it?"

De Borde was supportive of Horn, explaining that "in Texas, the law gives you the right to shoot a person, even when they're fleeing from a property crime, and to kill them. And deadly force was what the grand jury determined in this case was appropriate."

Wice, however, was far less content with the verdict. "At the end of the day, everybody knows that Joe Horn walked out of his house for one reason and one reason only -- and that was to make residential burglary a death penalty offense," he stated angrily.

Includes video : http://tinyurl.com/4h8stc

Thanks to Nix @ RiP for posting this[/center]

that is why I live here.... =p~

For long guns, there is no restriction under Texas state law.
For handguns, unfortunately, there are no quick and easy bright-line answer to your question. That is because the law, as it exists right now, is pretty messed up. Essentially, the law states that it is a crime to carry a handgun "on or about your person." This law began in the 1870's as a Jim Crow statute. Over the years, it has been interpreted by the courts to include the passenger compartment of a car. Generally, your trunk is a safe place to carry, although I have seen one case here in Austin when the local cops ran a guy in for a gun in his trunk. Not because it was a good case, but merely because they wanted to harass him. Always remember the old saying, "you may beat the rap, but you won't beat the ride." The law does make an exception for persons who are "traveling" but this only muddies the waters. Traveling, as it has been interpreted by the courts means, basically, going away from one's domicile, or residence, for an extended trip of some kind. There are no exact definitions or parameters. This is what is wrong with the law; it is too vague and subject to abuse by police and prosecutors. Even if one is truly traveling, you can still go to jail. Say for example, you have a car loaded up with all your belongings and are driving from Austin to Dallas on I35. A cop pulls you over in Temple and he either searches and finds the gun, or you tell him you have one, (which you don't have to do; nor do you have to consent to a search). But for whatever reason, he finds out you have a gun.
How does he know you are truly "traveling?" He could just be an ass and say, "It's not for me to decide. Tell your story to the judge." and run you in anyway; knowing full well that you will have to spend a couple of grand to get out of the mess, because you were, in fact, traveling. It's not a good situation for handgun owners. Which is why I stick to the long gun..... on the dashboard..... and a shovel in the trunk....

oh course... but that is because we leave our road kill for the vultures... not like other states (mississippi) where they scrape it up and serve it for dinner.... CDR

Laugh if you want, but if I hit Bambi on the way home, damn skip we are having tenderloin over rice and gravy when I get home...

But back to the story, if it were me, and my neighbor shot a would be robber in the back whilst he was robbing my house, I'd be beyond grateful...For some reason, the story kept mentioning the fact that he shot him in the back...As if, there's some kind of honor in brandishing a weapon but only using it if the person you're shooting is facing you...What bullshit...

...they mention it because it is harder to claim "self defense" when the person is running from you as opposed to someone who is confrontational.