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Thursday, March 29, 2007

Now A Man Truly Has The Right To Defend His Castle In Texas

Having become truly cynical with regards to my expectations concerning our elected leaders actually really doing something that is good for we mere peasants, I’m always pleasantly surprised when one of them does. And this is one case that pleases me greatly.

Last Tuesday Texas Governor Rick Perry signed a bill into law that gives Texans the right to defend themselves with deadly force in a life threatening situation. The law prior to this often required a person to retreat when attacked until retreat was no longer feasible before he or she could react with at least the same amount of force they were threatened with.

Not any more.

Starting September 1, 2007, the “castle law” as it is euphemistically called because it gives a man the absolute right to defend his castle from aggression, becomes a right that has somehow been overlooked. It also applies to their workplaces and their cars and as far as I know, if they’re just walking down the street and the need for self defense arises.

Fifteen other states already have a similar law, but here is what makes this one special:

If you defend yourself or your family in good faith and it is determined by investigating authorities that there was no criminal wrong-doing, you will be immune from lawsuit. That’s right. Read that again.

What that means is simply this: If some slimy weasel comes into your home at night and he happens to get shot in the process he (or any of the surviving weasels in his litter) cannot come back and sue you after the fact. Police can still charge you if it is shown that you acted with criminal intent but if it is a case of self defense and a grand jury agrees that it was, then the weasel is paid for. Stuff him and mount him. The same thing with a business owner. Horror stories abound about business owners who met an armed robber with their own handgun only to be sued later because said weasel got hurt while trying to take what somebody else worked for. This piece of common sense legislation will help that, too.

I’m sure there will be howls of righteous indignation from the liberal left on this. Know what? Tough. The bill is signed. Get over it.  Scream and holler, tell us all about the evils of guns and how they should all be melted down into peace symbols. Fall down and flop like a fish in protest. I don’t care. You can do all that. Just don’t rob anybody in Texas. Bad idea, now.

I’ve always agreed with the old expression that I would rather be tried by twelve than carried by six. Regardless of what state I have ever resided in, if someone had entered my house with bad intent I would do my very best to see to it that they leave in much poorer health than they entered with. I’m sure many Texans agree with me. This will now protect those who TRULY deserve the protection of the law, and not the rights of criminal weasels who take what is yours, hurt you and your family, then sue you if you fight back.

I should add that I’m not a wild-eyed gun waver. I am, however, a person who believes that the right to defend himself and his family is an absolute, and that the Second Amendment means exactly what it says despite the eternal attempts of some to distort it.

I don’t live in Texas but my hat is off to Governor Perry. Maybe some other of our politicians will take note of this and do the right thing.

Comments

My late father, a man of of a good education and impulsive reaction, once told me.
“Never shoot a a break-in criminal inside your house. Cleaning the floors and the walls of blood stains is a pain in the ass, nail his ass outside.”

Eneils Bailey on March 29, 2007 at 01:16 pm

I have always heard, if you shoot a bugular kill them.

Zsa Zsa on March 29, 2007 at 01:41 pm

ZZ,
If you do otherwise, you are asking for trouble.

Very few of the deceased can present a good rebuttal in a court of law. Kinda leaves you to free-form and present your case in a believable way.

Eneils Bailey on March 29, 2007 at 01:58 pm

Morons protective clause

If you defend yourself or your family in good faith and it is determined by investigating authorities that there was no criminal wrong-doing, you will be immune from lawsuit.

He had the detonator in his hand ,
I had to shoot.

2006194944409217038_rs.jpg

We’ll see how this works when some cop is prowling through a backyard at night.

WOOF on March 29, 2007 at 02:10 pm

Yikes!...Remind me not to ever read meters for a living.

Zsa Zsa on March 29, 2007 at 02:13 pm

WOOFie,
If a meter reader or a Cop has balls enough to come up to my house, unannounced, at three o’clock in the morning, I have the right to detach him of same.

Eneils Bailey on March 29, 2007 at 02:35 pm

I would think 3 o’clock in the morning would not be a good time to be working for a meter reader??? A cop might have other reasons for being there? BUT it had better be a pretty good reason? Queenie probably would like to talk with the meter reader, I bet?

Zsa Zsa on March 29, 2007 at 02:43 pm

Meter readers not allowed on my place. Cops know better.

Eneils Bailey on March 29, 2007 at 02:49 pm

Every time I see that picture of Queenie smiling it makes me almost cry, it is so sweet!

Zsa Zsa on March 29, 2007 at 02:56 pm

Queen Cleo is a good dog.
I don’t worry about things when I am away.

Eneils Bailey on March 29, 2007 at 03:07 pm

Eneils
Yea. She is purty. I think female Labradors are some of the prettiest dogs. Here’s my chocolate dog, Jim, and his mom, Lilly, on the left: 2004938394434443849_rs.jpg

Sparkie Arbuckle on March 29, 2007 at 03:21 pm

Awwwwwww… They are cute too. I bet they enjoy a visit from the meter readers? Can you get them to smile for the camera, Sparkie?

Zsa Zsa on March 29, 2007 at 03:28 pm

zsazsa
they smile by wagging their tails. nonstop. which usually propagates up the tail and turns into body wagging.

Sparkie Arbuckle on March 29, 2007 at 03:31 pm

They are beautiful!

Zsa Zsa on March 29, 2007 at 03:34 pm
Avatar for Andrew

Sparkie,

Are you going to be able to keep your lab when you move to Philly?

Andrew on March 29, 2007 at 04:05 pm

Hmm,

A Federal Law that I’d like to see would be this:

No person, nor the estate of any deceased person, may bring civil suit for injuries or damages suffered by said person while in the act of comitting a felony offense or while fleeing from the scene of a felonious act.

Yeah…

Out Here
Rodney Graves


Out Here
Rodney G. Graves

Persia delenda est.
Latin: “Persia (modern day Iran) should be destoyed”

Rodney Graves on March 29, 2007 at 05:41 pm

It should be a given. IF an intruder is in your home? You & anyone else should be allowed to protect your family & property.

Zsa Zsa on March 29, 2007 at 06:07 pm

Come on my property or into my house without express, written permission and I will perforate your ass. And since I run high weight hollowpoints in everything except the Garand you will be sure and truly fucked.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 29, 2007 at 06:17 pm

Sparkie,
Great dogs, I love the chocolates. I call it butt-dancing when the tail gets the rear going around.
Love those Labs.

Eneils Bailey on March 29, 2007 at 06:28 pm
Avatar for Hawk

While I don’t know Texas state law specifically, i suspect that legally speaking you still have the duty to retreat before you use deadly force in criminal law.  This is not carte blanche to shoot anybody on your property.  Be careful.

Hawk on March 29, 2007 at 06:32 pm

Are you going to be able to keep your lab when you move to Philly?

He will probably move back to Vermont to live with his mom and my mom (That’s where the pic is from). That’s a good thing because he’s 9 and she’s a veterinarian. Like an old people’s home for dogs. Lots of room to run around and piss on things. Nice things to smell. He really does like it better in the country.

Sparkie Arbuckle on March 29, 2007 at 06:32 pm

No person, nor the estate of any deceased person, may bring civil suit for injuries or damages suffered by said person while in the act of comitting a felony offense or while fleeing from the scene of a felonious act.

I would extend that to misdemeanors.

ie:  Someone shoplifting from a store and fleeing from the shopkeeper runs out into traffic and is hit by a car.  They shouldn’t be able to sue the shopkeeper.


The Debate is over!  Global Whining has been confirmed.


The Whistler's signature
The Whistler on March 29, 2007 at 07:05 pm

Eneils said:

Meter readers not allowed on my place. Cops know better.

That’s not what this is about. If you shoot someone for merely passing through your yard without presenting a credible threat you assume the role as agressor and the AGGRESSOR CANNOT CLAIM SELF DEFENSE under the law.

This law is designed to protect you if you have to DEFEND yourself. Shooting a meter reader doesn’t qualify as such.

If you’re going to argue this point do it with some common sense, Eneils.


Election ‘08 - We Are So Screwed

Pilgrim on March 30, 2007 at 05:06 am
Avatar for Eneils Bailey

Pilgrim,
My comment was in response to a previous comment. I apologize to you. Perhaps an overstatement, containing nuggets of truth.
The first part of my comment is a fact. Came home one day, a few years ago, power meter reader’s truck was parked behind my house while he was out inspecting the contents of one of my out-buildings. Called power company, they arranged for me to email in my power meter reading. Water meter reading was a little more difficult. They contended they needed access to their water meter and pipes leading to it from state right-of-way. Moved my fence, a six foot setback so they could access the meter. Have letters on file and an agreement at each utility as what a should be done to gain access to my property.
As for the Cops, I live in a rural to semi-rural environment. I know all the deputies. I have worked with most of them in community-oriented projects. They are good guys. “Cops know better” was meant as a complement, not a threat.

I agree with you that my comments may not have addressed the content of the posting, or the context of the comments, but it is the best I can do.
Your concern and attention to my comments are appreciated and well-taken, Pilgrim.
I was not trying to attribute any ulterior motives to private or public servants, just the lengths I will go to to ensure my safety and protection of my property.

By the way, I have not shot any meter readers or Cops lately.

Eneils Bailey on March 30, 2007 at 10:31 am

Eneils,

No problem. Too often folks over react when faced with a subject they’re passionate about. I’ve done myself, right here in this very site.

I haven’t shot any meter-readers myself lately, but those damned Jehovah’s witnesses.........


Election ‘08 - We Are So Screwed

Pilgrim on March 30, 2007 at 11:15 am
Avatar for Eneils Bailey

Pilgrim,
Thanks.

Eneils Bailey on March 30, 2007 at 11:19 am

The signs on my property are easily seen and legible. “Access by express written permission only.” And it is widely known that I enforce my right to selfdefense and of exclusion from my property of any who do not seek my permission. And yes, I give people laminated cards that state they, the here on signed, have permission to be on my property.

I shoot, hunt, fish, and otherwise recreate with several law enforcement officers. State Troopers, county Sheriff deputies, municipal police officers, a retired FBI agent who has made me the HNIC of the shooting range on his property because I am a hardass about safety AND properly counting your hits and misses, a currently serving BATF Officer, and a pile of retired and active military. And they all know what I am and where I stand.

So, I reiterate. I find you on my property or in my house doing criminal shit I will perforate your ass. Don’t want that to happen? Stay the fuck off my property. Simple as that.

Crime is the problem it is because criminals do not fear either citizens or the law. It is time to put the fear in their asses. Fuck civility.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 30, 2007 at 02:13 pm

Stay the fuck off my property. Simple as that.

I know a few years ago around here there was an exchange student who was all wasted looking for a party out in rural area. Ended up in some random guys garage at 2 or 3 am, yelling and knocking around, and got ‘perforated’.

Sparkie Arbuckle on March 30, 2007 at 02:28 pm

Won’t make that mistake again, now will he?


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 30, 2007 at 02:32 pm

2H9 writes:

Won’t make that mistake again, now will he?

AKA “terminal stupidity.”

Darwin is rather unforgiving, isn’t he?

Out Here
Rodney Graves


Out Here
Rodney G. Graves

Persia delenda est.
Latin: “Persia (modern day Iran) should be destoyed”

Rodney Graves on March 30, 2007 at 02:45 pm
Avatar for Eneils Bailey

"Crime is the problem it is because criminals do not fear either citizens or the law. It is time to put the fear in their asses. Fuck civility.”

Some people may find that statement extreme and what you have to do to protect yourself and what you have toiled for over the years.
Life is different, in certain locales, you adapt to intrusions on your person differently in the the suburbs as opposed to a rural environment.
A person that lives in the suburbs of northern Atlanta (Dunwoody) can not walk out into his one-half acre estate with a gun in his belt and enforce his rights of personal freedom and personal property. In rural South Carolina, it is not uncommon for folks to walk around on their property with a hog gun stuck in their back pocket.
Personally, twenty years ago, I would have been alarmed riding down a cul-de-sac(in Dunwoody) and seeing a computer company executive in his front yard, with a gun in his pocket. Now it does not even concern me to see a neighbor, a retired mill worker, on his property(in rural SC) carrying or shooting his gun. I have exposed to both places. And you know what, I feel safer in rural SC than I felt in Dunwoody because I trust my fellow citizens, and have come to accept the concept that the police are here to investigate crimes, not protect citizens.
We rarely see the police riding through our neighborhood, and we are rarely confronted with criminals to do us personal harm or relieve us of our personal property.
Citizens must rely on themselves and accept the responsibility for law and order in their neighborhoods.
Obey the local laws and as in sex, if you pull it out, be prepared to use it.

Eneils Bailey on March 30, 2007 at 06:30 pm

E? When did you live in Dunwoody? And did you ever go to the Brandy House?


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 30, 2007 at 07:21 pm

2H9,
Lived in Dunwoody from 1983-1989. It has been a few years in the past. Dunwoody Station, open my front door, look straight ahead and stare at the bell tower of Dunwoody baptist church.
Brandy House, sounds fimilar, long time ago.

Eneils Bailey on March 30, 2007 at 07:39 pm

I worked appartment maintenance for EquiMark Properties and Lincoln Residential Inc in ‘85 and 86, and again from late ‘87 to ‘89. Dunwoody was transing, going from suburbia to city in the ‘80s. I loved getting lunch at the Roy Rodgers, then Arbys bought them out. Lived in Chateu Villa Appartments for awhile, then moved to Shallowford Road and 85, Briarlake Appartments, down the hill from the Waffle House. God. I miss the old Atlanta. It is dead and gone. Gangbangers and snowbirds, kill everything they touch.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 30, 2007 at 08:14 pm

I still go into Atlanta every once in a while. Could not live there now for reasons you have stated and other factors.
My son lives there, he graduated from Marist High School in 2002, then graduated from UNC in 2005. He moved back after college and would not live any other place.

Eneils Bailey on March 31, 2007 at 08:32 am

While I don’t know Texas state law specifically, i suspect that legally speaking you still have the duty to retreat before you use deadly force in criminal law. -Hawk

The operative words being"I don’t know Texas law"…

The new law, which takes affect on September 1, extends an exception to a statute that required a person to retreat in the face of a criminal attack. The exception was in the case of an intruder unlawfully entering a person’s home.
The law extends a person’s right to stand their ground beyond the home to vehicles and workplaces, allowing the reasonable use of deadly force, the governor’s office said.
The reasonable use of lethal force will be allowed if an intruder is:
- Committing certain violent crimes, such as murder or sexual assault, or is attempting to commit such crimes
- Unlawfully trying to enter a protected place
- Unlawfully trying to remove a person from a protected place.
The law also provides civil immunity for a person who lawfully slays an intruder or attacker in such situations

BTW: Only Jack Bauer has “carte blanche to shoot anybody...”
Texas signs new self-defense by gun law



Those who think the party or the country, will be “taught a lesson” by handing the levers of power over to the liberals will learn a lesson, but it will be at the expense of our country and her liberties. And there are no guarantees that the party or the country will come out stronger, more conservative or better positioned to win elections against the incumbent liberals.

Proof on March 31, 2007 at 10:12 am

He was so georgeous & awesomely brave. It is so sad that he is gone!

Zsa Zsa on March 31, 2007 at 10:22 am

Uh oh! Wrong post. Sorry!

Zsa Zsa on March 31, 2007 at 10:23 am

Proof, did you notice how amazingly balanced and neutral that Rueters piece was? I’m stunned. Some nefarious thug must have hacked into their publishing database.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on March 31, 2007 at 12:15 pm

did you notice how amazingly balanced and neutral that Reuters piece was?

Maybe those Dutch realize if they were all packin’ maybe Islamists wouldn’t be running around in Am*dam stabbing pro-Islam notes to inflammatory video artist’s chests.

Sparkie Arbuckle on March 31, 2007 at 12:32 pm

Damn, Sparkie...I hate it when you’re right. But if the free people of Amsterdam could pack the Islamist lunatics wouldn’t feel like thye had carte blache, would they?


Election ‘08 - We Are So Screwed

Pilgrim on March 31, 2007 at 02:16 pm
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