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Corey
Corey asked in Politics & GovernmentLaw & Ethics · 7 years ago

Robbery/Shooting help California?

So I am a registered gun owner(.38 and .45) And recently, someone came up to my property, bolt cut the chain my go karts were chained up to, loaded one of them onto his truck(the Kart is worthaprox 1000.00 dollars in value), and I catch him as he jumps into his trucks and speeds off, if something like that happens again can i shoot him/her? I don't care if I had to file a police report stating what I did was to protect my property, cause god knows the police department wont ever help.

Update:

Yes, you must be a thief also. Thieves are the scum of the Earth. Why should I lay down and let people steal from me? You sir are a pussy.

Update 2:

To answer #3 many states like Texas for example allow you to shoot to defend your property, I am just not fimilar with Cailfornia law. Texas law. http://www.statutes.legis.state.tx.us/DocViewer.as...

Update 3:

Can people who have no idea about this stop responding. TEXAS CODE LAW IDIOTS.

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using Previous force against another when and to the degree the actor reasonably believes the Previous force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property

Update 4:

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using Previous HitforceNext Hit against the other when and to the degree the actor reasonably believes the Previous HitforceNext Hit is immediately necessary to reenter the land or recover the property if the actor uses the Previous HitforceNext Hit immediately or in fresh pursuit after the dispossession and:

Update 5:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using Previous HitforceNext Hit, threat, or fraud against the actor.

SO PLEASE ONLY ANSWER IF YOU KNOW WHAT YOU ARE SPEAKING OF. PROOF OF TEXAS STATE LAW.

5 Answers

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  • Anonymous
    7 years ago
    Favorite Answer

    I am a bit confused, since your initial question seems to request a response based upon California law, but your later complaints seem to reference Texas law. My expertise is California law.

    The incident you have described is NOT a "robbery." A robbery involves taking property by force or fear. This is just a theft. You are not permitted to use deadly force in California in the absence of a reasonable belief that you or another are threatened with the infliction of death or great bodily harm. You cannot shoot a thief. Sometimes you can shoot a robber.

    Source(s): 40 years as a criminal defense attorney
  • Pepper, PhD
    Lv 6
    7 years ago

    No, you cannot use deadly force to defend your property, not even in Texas. The link you provided does not say that.

    Occasionally you hear of someone shooting at a thief and missing and not getting in trouble but if you kill someone and they did not threaten your safety, you are probably going to prison.

    Source(s): 23 years a cop
  • Humean Condition
    Lv 4
    7 years ago

    Nowhere in the United States are you allowed to use deadly force to defend your property.

    UPDATE: Robbery is the attempt to take something of value by force or threat of force. You are permitted to defend yourself against that force or threat of force with deadly force in Texas. Once again, NOWHERE in the United States are you allowed to use deadly force to defend your property. http://www.statutes.legis.state.tx.us/Docs/PE/htm/...

    UPDATE: You still seem to be confused. "Force" is not "deadly force," even in Texas.

    You seem to be looking for this: http://law.onecle.com/california/penal/197.html

    Source(s): IAAL
  • Anonymous
    7 years ago

    Yeah,your life would have to be threatened,meaning someone breaking into your house, to shoot them.Just have a flashlight next to your door and use it to see their license plate next time.

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  • Mark IX
    Lv 7
    7 years ago

    Sorry, you want to kill a person for $1000? How cheap life must be for you. Sad little git.

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