Application of the law
Moderators: carlson1, Charles L. Cotton
Application of the law
I recently had an event occur that caused me to question my rights in a certain situation and ponder the best course of action. Hypothetically, if you walked out of your locally vetenarians office to discover a person on the ground cutting your catalytic converter out of your vehicle, not only what are the rights of a CHL but what would be the best course of action. And for this senario, the police will not respond in time from a 911 call, your on your own.
Re: Application of the law
What do you do?
Grab the phone, call 911
Grab the phone, take a photo of their vehicle, unless they plan on carrying that catalytic converter down the street
Tell them to stop
If your question is, can I draw my gun? No, I don't think so, or at least, I certainly wouldn't.
Grab the phone, call 911
Grab the phone, take a photo of their vehicle, unless they plan on carrying that catalytic converter down the street
Tell them to stop
If your question is, can I draw my gun? No, I don't think so, or at least, I certainly wouldn't.
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Re: Application of the law
I would do as stated above and also get a picture of the thief.
Personally, I might even hold them with a well placed boot while they are under the car.
However, you could not shoot unless it were dark and in your drive I think is how the law reads.
Personally, I might even hold them with a well placed boot while they are under the car.

However, you could not shoot unless it were dark and in your drive I think is how the law reads.
NRA-Benefactor Life member
TSRA-Life member

TSRA-Life member

- MasterOfNone
- Senior Member
- Posts: 1276
- Joined: Mon Dec 06, 2010 12:00 am
- Location: Dallas
- Contact:
Re: Application of the law
The red part is not in the law.RPBrown wrote:I would do as stated above and also get a picture of the thief.
Personally, I might even hold them with a well placed boot while they are under the car.![]()
However, you could not shoot unless it were dark and in your drive I think is how the law reads.
http://www.PersonalPerimeter.com
DFW area LTC Instructor
NRA Pistol Instructor, Range Safety Officer, Recruiter
DFW area LTC Instructor
NRA Pistol Instructor, Range Safety Officer, Recruiter
Re: Application of the law
Here is the law:
PC §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
Now, discusss among yourselves.
PC §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
Now, discusss among yourselves.
Re: Application of the law
As I said before, a well placed boot to hold him down
NRA-Benefactor Life member
TSRA-Life member

TSRA-Life member

Re: Application of the law
Unless, maybe, he is packing too and your boot on his ankle just serves to help steady him as he lines up his shot.RPBrown wrote:As I said before, a well placed boot to hold him down
Me, I would step back and place a 911 call. I want no one (including me) to get shot over a muffler...
- jimlongley
- Senior Member
- Posts: 6134
- Joined: Wed Jan 12, 2005 1:31 pm
- Location: Allen, TX
Re: Application of the law
Many years ago, back in '85 it was, I was returning to my pickup with an armload of Christmas gifts and noticed this young lad leaning against the passenger side of my vehicle. As I got closer I realized that the miscreant was not just leaning, or peeing in public, but he was trying to jimmy my door.
Being intent on his task, he never noticed me until it was too late and my size 13 climbing boot was approaching his rib cage in a rarity for me, a perfect round kick. He went down hard and stayed there for a couple of moments, long enough for me to lean down and shout "THAT'S MINE!" right in his face, and then he staggered up and left in a shambling run.
A call to the cops found that they were not very interested. Of course I didn't call until I got home.
Being intent on his task, he never noticed me until it was too late and my size 13 climbing boot was approaching his rib cage in a rarity for me, a perfect round kick. He went down hard and stayed there for a couple of moments, long enough for me to lean down and shout "THAT'S MINE!" right in his face, and then he staggered up and left in a shambling run.
A call to the cops found that they were not very interested. Of course I didn't call until I got home.
Real gun control, carrying 24/7/365
Re: Application of the law
I thought about cutting my own out, taking the platinum and making a ring.
dang emission laws. But on a serious note that type of thing is almost as bad as the copper thieves. I suppose they would have some type of "weapon" to cut it of right?

Re: Application of the law
What if it was your car and you quickly jump into it and drive away? Just claim you never saw him under there. Just a thought though. 

Re: Application of the law
Irritating but not worth taking a life over. Call 911.
Texas CHL Instructor, NRA Certified Trainer, IDPA
NRA Range Safety Officer
http://www.tacticalpistol.us
NRA Range Safety Officer
http://www.tacticalpistol.us
-
- Senior Member
- Posts: 386
- Joined: Thu Jun 23, 2011 2:20 pm
- Location: Cibolo
Re: Application of the law
texas-sig wrote:What if it was your car and you quickly jump into it and drive away? Just claim you never saw him under there. Just a thought though.
Well Mr. X he would have been OK if you wouldn't have backed over him the secong time!


Yes the Marines are a Department of the Navy.....The Mens Department....
CHL since 7/11/11
CHL since 7/11/11
Re: Application of the law
papajohn1964 wrote:texas-sig wrote:What if it was your car and you quickly jump into it and drive away? Just claim you never saw him under there. Just a thought though.
Well Mr. X he would have been OK if you wouldn't have backed over him the secong time!![]()
I know that is not the right thing to do, but as visualized fantasies go it's funny as heck...

I never let schooling interfere with my education. Mark Twain
Re: Application of the law
Honest officer, I backed up and ran over something. Wasn't sure what it was and did not want to have the back of my car in the middle of the lane so I pulled back into the space. Obviously I ran over it again so I got out and discovered this person under my car. Now I ask you officer, what could he possibly have been doing under there>Maxwell wrote:papajohn1964 wrote:texas-sig wrote:What if it was your car and you quickly jump into it and drive away? Just claim you never saw him under there. Just a thought though.
Well Mr. X he would have been OK if you wouldn't have backed over him the secong time!![]()
I know that is not the right thing to do, but as visualized fantasies go it's funny as heck...

NRA-Benefactor Life member
TSRA-Life member

TSRA-Life member

Re: Application of the law
RPBrown wrote:I would do as stated above and also get a picture of the thief.
Personally, I might even hold them with a well placed boot while they are under the car.![]()
However, you could not shoot unless it were dark and in your drive I think is how the law reads.
I would say that should cover you.PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means;
keep in mind that with this type of crime, your normally dealing with a group, it will be at least 2 people if not 3.
I would take the safe route not approach the car and look for the pickup truck they are going to load it in and get a plate number