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Ya gotta love Texas!

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MikeP

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Front page of the San Antonio Express-News (I'm in SA at the moment) has a local story where a burglar broke into the house of an 82 year old man/64 year old wife. The wife shot/killed the burglar. No charges whatsoever; police spokesman said that based on Texas laws, burglers should think about the fact that if they break into a house in Texas it may be the last house they ever break into.
 
I totally agree. That's what I call justice and not at the taxpayers' expense via the criminal prosecution process and incarceration!
 
Hey Ang,
Wonder if the woman had a "pistol gripped" shotgun like yours??
 
FWIW... Cop friend in NY advised me some years ago that the pistol grip gives out a very bad vibe to law enforcement and can create problems. I have a Mossberg Mariner that I had installed the pistol grip on it (came with the gun as new in the box). When he (cop) saw it he said, "Take that pistol grip off RIGHT NOW!" He said that cops/city attorneys would be looking hard at the owner of a pistol-gripped SG as a possible "part" of the problem in a shooting.

Not saying you wouldn't get off eventually but his view was that there would be a lot more hassle for the user, regardless of the situation.

As he pointed out, what's legal and what "looks bad" and causes "further investigation" are two different things...
 
Kind of like in the old west. A "gunfighter" had a look about him, including his choice of equipment including special holsters etc. The rancher who was just working his outfit somehow didn't look the part of the gunfighter and the law probably saw it that way. Of course very often the line between lawman and gunfighter/crook was often blurred as well. In any event three cheers for the lady "shootist" who saved the public from further thefts and saved the authorities the considerable cost of prosecuting the case.

Walt
 
Front page of the San Antonio Express-News (I'm in SA at the moment) has a local story where a burglar broke into the house of an 82 year old man/64 year old wife. The wife shot/killed the burglar. No charges whatsoever; police spokesman said that based on Texas laws, burglers should think about the fact that if they break into a house in Texas it may be the last house they ever break into.


No charges SHOULD be filed. It's always been like that as long as I can remember, at least here in the south.

I concur about the pistol grip on shotguns, I'll pass. It just doesn't sit well with authorities and immigration of foreign ports, just like the black plastic "scary" looking semi-auto rifles vs. semi-auto rifles with a wooden stock. They just don't look like a "terrorist" gun with wood and/or a full size stock although they have the same firepower.

Just yesterday I scooped the last two Remington 870 Marine Magnum XCS shotguns available on the market as they are no longer being produced by Remington. The regular Marine Magnum is still available, but I don't like silver shotguns so I have been looking for the hard to find Extreme Conditions Shotgun (XCS) version of the Marine Magnum with the Trinyte coating inside and out to protect from corrosion. After much searching I found two that were new in the box sitting on a shelf and the clearance price was so good ($60 below dealer cost) that I had to buy both. :)
 

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No charges SHOULD be filed. It's always been like that as long as I can remember, at least here in the south."

I'm not sure that's really the case in most states though it's probably more likely in the south and western states (other than CA).

In NY you would have been arrested for that because the bad guy did not physically threaten the person(s) inside the house. In Texas you can shoot to protect yourself AND/OR your property and it doesn't matter of the bad guy is in or out of the house.

The standard (unofficial) law enforcement advice in just about every state I have lived in has been 1. Kill them 2. If they were not in the house, drag them in and THEN call the police.
 
Man, thats a great clip. I like the mossburg "Home Defender". It does have that special look though. Heck, I like that look !!.
 
Occupational hazard of burglary is getting killed.... gotta think about that when you pick your career... what's the law up here in MD?
 
Here's a post re MD gun law from this site: http://www.criminaldefenselawyer.com/gun-possession-use-laws/maryland.htm

"Use of firearms in self-defense is legal in the state of Maryland, but only under very specific conditions. The following may cause the defender to be criminally charged after using deadly force in defense:

Use of deadly force with a firearm in self-defense in any location other than one's own home, or place of dwelling
Use of deadly force with a firearm when the ability to retreat is a readily available substitute
Use of deadly force when the attacker has not initiated a fatal threat to the defenders life"

UNLIKE Texas, you are supposed to run away if possible. Also, you can't use a gun if the attacker has not made a "FATAL threat" to your life. And you can't protect your property. Pretty darned sad if you ask me...:(
 
A recent case by a prosecuting attorney in MD put the homeowner (burglar broke in and was shot but lived) on the defense by pointing out that the perp had no previous criminal history.... So, before you shoot (as the defense attorney pointed out) should my client have asked for a criminal background check before deciding what to do???!!! The defense prevailed in this case...Gotta love the left in MD...The burglar was serving time for his burglary (he had a knife)...that's another Dirty Harry story right there...
 
Here's a post re MD gun law from this site: http://www.criminaldefenselawyer.com/gun-possession-use-laws/maryland.htm

"Use of firearms in self-defense is legal in the state of Maryland, but only under very specific conditions. The following may cause the defender to be criminally charged after using deadly force in defense:

Use of deadly force with a firearm in self-defense in any location other than one's own home, or place of dwelling
Use of deadly force with a firearm when the ability to retreat is a readily available substitute
Use of deadly force when the attacker has not initiated a fatal threat to the defenders life"

UNLIKE Texas, you are supposed to run away if possible. Also, you can't use a gun if the attacker has not made a "FATAL threat" to your life. And you can't protect your property. Pretty darned sad if you ask me...:(


I don't think all three of those conditions must be met, just one of them. So, if you are in your home (Castle Law), you have the right to use deadly force.
 
And know everyone will understand why I abandoned MD as my state of residence. Was born there, raised there, learned to shoot there... When I left the service after three decades, my family and friends expected me to return there. However, given the awful state/local government situation that seems destined to continue in Maryland, high taxes and very restrictive gun laws...I am now a Virginian!
 
"(burglar broke in and was shot but lived)"

re-affirms the idea that you don't shoot to wound somebody...

Along those lines, earlier today in San Antonio I was at a gun shop looking at the various new versions of the 1911 45 ACP. Although I didn't buy one, I could have paid and walked out with it. It's been a long time since I lived in a state where you could do that. (last one was AK but that was 20+ years ago.)

In Mexico, although it's "legal" to buy certain types of guns, actually getting Gov approval (required) to purchase one is almost impossible. There is only one gun store in the country, located in Mexico City and all purchases must be pre-approved by the gov.
 
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You can buy a hand gun and take it with you in Michigan. You still have to have the NICS check, but as long as the Feds say that you're okay, you can take it home.

If you're looking for a nice 1911 45cal, check out Kimber.
 
Gee Mike and we all know how safe it is to live in Mexico since it is practically impossible to buy a gun legally. Are you implying that all those guns that the drug gangs are legal? Amazing that some people just don't understand that when you pass laws disarming the law abiding citizens, only the crooks will have them.

Walt
 
"Are you implying that all those guns that the drug gangs are legal?"

No, not at all - they drive up to Texas and buy them there! :)


Seriously - Mexican law, like US law,generally permits all citizens to own firearms. BUT, the requirements are very strict. In simplest terms, a citizen cannot buy any firearm or ammunition used by the police or military. So that essentially means you could not purchase a weapon that uses the most common calibers that we are used to. For all practical purposes it means that a .22 is pretty much it as far as a legal weapon for the average citizen.

But like anywhere in the world, obtaining guns illegally is just a matter of paying for them...
 

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