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  (#1 (permalink)) Old
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Texas boy, 7, dies after shot in mistaken trespass - May 9th 2009, 06:35 PM

I was reading this news story and it surprised me to say the least.
http://www.fox28.com/Global/story.asp?S=10333587

So now there's questions circling my mind. Even though your property has a "Private Property" or "no Trespassing" sign does it actually give them a right to shoot a whole family? What are your guys thoughts about the whole thing in general


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  (#2 (permalink)) Old
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Re: exas boy, 7, dies after shot in mistaken trespass - May 9th 2009, 06:45 PM

This reminds me of a similar case where a traveller was shot walking up to a guy's house. The court decided that given he had a history of threatening random people, including Gardai (police), and that he had attacked (or something) the guy who shot him, it counted as legitimite defence.

Otherwise it's completely disproportionate action. People in wheelchairs don't go around incinerating cars because they're parked on disabled spaces...
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 9th 2009, 08:54 PM

I don't think that gives you the right to shoot at someone. I think that you should calmly call the police.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 9th 2009, 09:26 PM

There's obviously some information we're missing here.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 9th 2009, 11:51 PM

Only in Texas, what eles could you expect from them...


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 01:58 AM

This story doesn't add up to me. What reason do the owners have to shoot, what are they hiding that they dont want anyone to find out about?
   
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 02:03 AM

Details are missing.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 02:29 AM

I don't know how this can be considered self-defense if the boy and the others didn't pose an immediate physical threat to the couple. It's somewhat understandable to get a little trigger happy when you're on the lookout for intruders, but you can't possibly defend shooting four people by accident. Killing a seven year old boy in the process! Honestly.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 05:45 AM

I say that the full story is needed. It doesn't add up: you go onto someone's property (need some explanation for that) and the person then shoots them ("mistaken in trespassing" needs answers too). This sounds like a very brief summary but until more details are provided, then I cannot comment.
   
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 05:53 AM

Quote:
Originally Posted by mexico View Post
Only in Texas, what eles could you expect from them...
Ok, ouch.

Not everyone in Texas is just waiting with a gun for the chance to shoot at someone for passing by their lawn, and i really hate that stereotype.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 06:37 PM

Quote:
Originally Posted by TheWhiteTornado View Post
Ok, ouch.

Not everyone in Texas is just waiting with a gun for the chance to shoot at someone for passing by their lawn, and i really hate that stereotype.
Not everyone is waiting with a gun in their yard?!

Just kidding I hate stereotypes. And really, this is something that's been talked about a lot recently, the whole, should you be able to do that?

I think you should be able to shoot someone if they're physically harmful to you, like they have a gun at your head, or are up in your face trying to start a fight on your property, and you've asked them to leave. But it's like.. what if someone walks up to your door to tell you their car broke down and you shoot them? O.o



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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 06:42 PM

Actually.. the people who shot at the family can (and probably will) be prosecuted. The signs might not make any difference at all--for example, if your dog bites a trespasser some US states can (and, again, probably will) take it from you and put it to sleep, even if you have signs posted.



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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 06:43 PM

True, there seems like theres information missing but seriously, its a 7 year old boy and his sister! Why would you shoot a child in the head with a friggin shotgun?


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 06:45 PM

Quote:
Originally Posted by Gidig View Post
I think you should be able to shoot someone if they're physically harmful to you, like they have a gun at your head, or are up in your face trying to start a fight on your property, and you've asked them to leave. But it's like.. what if someone walks up to your door to tell you their car broke down and you shoot them? O.o
I really don't think lethal force should be allowed by anyone unless it comes down to someone trying to do something heinous to you.
At the very least make it so you can only shoot if they're within 5 feet of your house or something more reasonable like that.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 10th 2009, 06:51 PM

well in Colorado there is the law that ANYONE who is tresspassing on your property, you have the right to shoot and kill then... if it is posted.


Also we have the make my day law...
Someone breaks into your house and tries to kill you! You have the right to kill them!
   
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 11th 2009, 06:46 AM

Quote:
Originally Posted by Gidig View Post
I think you should be able to shoot someone if they're physically harmful to you, like they have a gun at your head, or are up in your face trying to start a fight on your property, and you've asked them to leave. But it's like.. what if someone walks up to your door to tell you their car broke down and you shoot them? O.o
It depends on a) where you shoot them and b) what harm they're doing. For example, someone punches you in the stomach only once, so is it right for you to shoot them in the head and kill them? Or, only shoot them in the foot? And of course, this does assume that you're not carrying a concealed weapon (i.e. made it obvious to them) and you have all the legal paperwork to own the gun.

If someone is on your property, wanting to fight you, then once again, it depends on where you shoot them, however, I'm inclined to call you guilty if you do regardless of where you shoot them. If someone is shouting at you, insulting you, then do you think it's right to blow their brains down the stairs?

What I'm confused on is why you seem disinclined to shoot the person in the scenario where they're the unlucky guy with a broken car. In this one and the last scenario, both individuals can be considered as trespassers. Both are talking to you face-to-face, yet only when they're being mean to you, then you feel it's valid to leave their brains splattered. Explain this please.

The only time I see it as being legal to shoot and possibly kill them, is if they are intending and in the process of going to kill you, and you have no other alternative.

If a sign is posted saying trespassers will be shot, then depending on the laws in that area, I'll say that that'll be legal also.

As for this specific story, once again, without details, I'm not commenting.
   
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 12th 2009, 05:49 AM

The story doesn't have even a decent description, so I can't comment on the story itself. However, if you have a no trespassing sign, and someone trespasses, you shouldn't shoot them.Call the cops. You can only shoot them if you have a "Violators Will Be Shot" sign in your yard.

In my state, you can only shoot someone if they cross your threshold and force their way into your house. Then you half to shoot them multiply times. Shooting them once, if it kills them, is murder. Shooting them ten times is self defense. It doesn't make much sense, but that is how the law works.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 12th 2009, 07:09 AM

A sign saying trespassers will be shot is certainly not legal under UK law and if it's legal in America then they have serious legal issues to sort out because that just seems insane.
   
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 12th 2009, 07:32 AM

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A sign saying trespassers will be shot is certainly not legal under UK law and if it's legal in America then they have serious legal issues to sort out because that just seems insane.
I'm sorry, my facts might not be straight there. I'm not sure it's legal, but it is common. In America there are "Make my day" laws. I'm use to seeing those signs, so I assumed they were legal, but I looked it up, I'm not sure if it is or not.

Anyway, I found this article, which is a bit more detailed, on the Trespassing shooting. I'm not sure how accurate it is, but it has more information at least.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 12th 2009, 07:50 AM

Um. Wait. What?
Setting aside whether it's legal or not, who in their right mind would shoot a SEVEN year old kid for being in their yard? Who would shoot anyone for being in their yard? Calling the police seems like a more reasonable thing to do, but shooting at them is just ridiculous, whether it's legal or not, it's ridiculous. Besides, what's the big deal about someone being on their lawn, it's not like they're delivering a bomb threat. Just in their yard. Whoop dee do da day.
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Re: Texas boy, 7, dies after shot in mistaken trespass - May 25th 2009, 05:37 AM

Quote:
Originally Posted by TheWhiteTornado View Post
Ok, ouch.

Not everyone in Texas is just waiting with a gun for the chance to shoot at someone for passing by their lawn, and i really hate that stereotype.
Chill, I was just playing, don't take it hard


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 25th 2009, 05:43 AM

I think that's ridiculous. It annoys me when people are so paranoid as to put up "Trespassers Will Be Shot" signs. Seriously... I've seen them around here. Just because someone is on your property doesn't mean that you automatically gain the right to do whatever you want to them.


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Re: Texas boy, 7, dies after shot in mistaken trespass - May 25th 2009, 08:37 AM

I agree with Chelsey, if I am playing ball and the ball lands in your property and I go in to get it does that give you the right to shoot me to death?
I can understand the "Beware of dog" signs but shotting people... not cool.


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Re: exas boy, 7, dies after shot in mistaken trespass - May 27th 2009, 03:14 AM

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Otherwise it's completely disproportionate action. People in wheelchairs don't go around incinerating cars because they're parked on disabled spaces...
well, hey, not all of 'em anyway.
   
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