If you shoot an attacker, aren't you presuming guilt?

[Bassics]

Oklahoma works the same way. All states do. Some of it is just semantics, people assume that a defense means an exemption, and in a way it does but it isn't a guaranteed exemption.

As for civil protection, I thought OK passed a make-my-day law long ago?

[onemeangixxer7502]

It is hopeless to try and explain it to these people. The best that can happen is they get their chance to argue their internet point in court, when they will find out how a prosecution and defense really works...

I am not from texas, we have laws here in oklahoma stating when and where you can use deadly force. That doesn't protect you from a civil matter though!

[kingjason]

Wow...... I am police and even if I am justified in stopping a threat and taking a life I will be charged with murder. They grand jury it and I could still be tried for it if they think the situation did not justify it. Even if the guy taken out is on a killing spree and we take him out there will still be a case filed. Like stated above it is just a defense to the prosecution. No matter how justified you are it is never a good feeling to be charged with murder.

[Bassics]

It is hopeless to try and explain it to these people. The best that can happen is they get their chance to argue their internet point in court, when they will find out how a prosecution and defense really works...

[BERNIE MOSFET]

If I'm stupid, that makes you a frog with down syndrome. At this point its time for you to crawl off in humiliation and shame. You have absolutely no idea what you're talking about at all. Whether your pathetic little pansy ass likes it or not, them's tha rules. Go ahead and bet your life on your dumbassery. But make a vid so I can laugh.

<--Texas state CHL holder, taken several classes for myself and with others, knows all the rules

I await your further sniveling.

You are wrong.

My CHL instructor was wrong too; his and others' cavalier attitudes about shooting people is going to land someone in a lot of hot water someday, if not already.

You are absolutely not permitted to shoot anyone for any reason; it sounds counter-intuitive to everything we think we know about using deadly force, but the law stands as it was written. Sec 22.01 clearly states that it is an offense to intentionally or knowingly cause bodily injury to another. There's no room for discussion here, it is illegal. (I'm not getting into 22.02 and semantics about whether 22.01 applies to firearms. 22.02 requires 22.01).

You have a defense to prosecution for shooting someone under certain circumstances, but the burden of proof moves to the defendant. Those circumstances are listed in section 9: Justifications Excluding Criminal Responsibility. These defenses come to bear only when you are being prosecuted.

[JP135]

Here in Texas, you can legally shoot someone if you even think someone else is in danger OF SERIOUS BODILY INJURY OR DEATH.

Fixed

By the way, I can't think of a more ignorant hypothesis upon which to base an article (or post).

[SMEGMA STENCH]

Apparently not to him. Unless I've pulled a cooter and somehow let sarcasm fly right over my head. In which case, my apologies, and disregard the post. But if not, regard the post.

[onemeangixxer7502]

If I'm stupid, that makes you a frog with down syndrome. At this point its time for you to crawl off in humiliation and shame. You have absolutely no idea what you're talking about at all. Whether your pathetic little pansy ass likes it or not, them's tha rules. Go ahead and bet your life on your dumbassery. But make a vid so I can laugh.

<--Texas state CHL holder, taken several classes for myself and with others, knows all the rules

I await your further sniveling.

No shit, your post was easy to understand and CHL was fairly implied. Either way for you bassics

[SMEGMA STENCH]

Jesus you are stupid.

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

If I'm stupid, that makes you a frog with down syndrome. At this point its time for you to crawl off in humiliation and shame. You have absolutely no idea what you're talking about at all. Whether your pathetic little pansy ass likes it or not, them's tha rules. Go ahead and bet your life on your dumbassery. But make a vid so I can laugh.

<--Texas state CHL holder, taken several classes for myself and with others, knows all the rules

I await your further sniveling.

[Bassics]

It seems fairly implied that he would be carrying, because everything he listed could have been covered under a home invasion.Is texas an open carry state, even then you have to have some sort of license don't you?

Not on your land, or hunting, or simply carrying a long gun. And who says it has to be a gun that is used?

[Bassics]

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.

That is the conventional wisdom fallacy. Read up on how a murder defense operates. It is interesting. Self defense is a defense to prosecution, not an exception to the law, just like an insanity defense. Don't put your emotion into it, the law is intended to be objective. And yes, you can be prosecuted no matter how justifiable it may be. In many cases you most likely will be.

[BERNIE MOSFET]

It seems fairly implied that he would be carrying, because everything he listed could have been covered under a home invasion.Is texas an open carry state, even then you have to have some sort of license don't you?

Unless I missed the passage of the legislation for open carry, Texas isn't an open carry state.

[onemeangixxer7502]

you don't need to have a CHL to use deadly force to protect yourself/someone from being killed/raped/robbed etc.......

It seems fairly implied that he would be carrying, because everything he listed could have been covered under a home invasion.Is texas an open carry state, even then you have to have some sort of license don't you?

[BERNIE MOSFET]

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.

That's the legal perspective. As the law is written, killing someone is always illegal; there are prescribed defenses to prosecution. Under no circumstances should anyone assume carte blanche in killing someone because some hot shot prosecutor can ruin your day really fast, even if it was justifiable.

As I understand it, you basically have to waive 5th amendment and testify against yourself to prove defense against prosecution. That's why you shut your mouth after you pop someone, get an attorney, and pray like hell that no one digs up a post you made on the internet about shooting to kill.

[juiceweezl]

Jesus you are stupid.

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.