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I guess yesterday was my turn...

Discussion in 'Stolen Equipment' started by WayneJessie, Nov 18, 2014.

  1. puppypaws

    puppypaws LawnSite Fanatic
    Messages: 9,295

    I'm sorry friend but if you shoot someone stealing your property; you best be able to prove you feared for your life, and they better find a gun in his possession or you will be the canary in the cage. You can shoot someone in our state through the door with them outside, but if they get inside your house you've got to prove you were in fear for yours or a family member's life...these laws are crazy. I can guarantee you will be charged if shooting someone stealing your property, and either the thief or their family will sue you for your actions. I'm very sorry to say, but that's just the way our wonderful laws work.
     
  2. OP
    OP
    WayneJessie

    WayneJessie LawnSite Member
    Messages: 203

    I am aware of the laws. I think I will just stand my ground and protect my property.
     
  3. puppypaws

    puppypaws LawnSite Fanatic
    Messages: 9,295

    Go for it...the laws protect deadbeat criminals moreso than the honest taxpayers they were supposedly designed to protect.
     
  4. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Messages: 1,853

    I hate people that steal, if I came back to my truck and someone was trying to jack my stuff I'd stab a b!tch.
    Posted via Mobile Device
     
  5. OP
    OP
    WayneJessie

    WayneJessie LawnSite Member
    Messages: 203

    Were I out on a job somewhere maybe not. Dad used to say you can't run a man any further than his house and I agree. It's up to the individual how he would handle an intruder on his property(particularly at night). As far as I am concerned, if you'd try to steal from me with me at home you're probably not above doing me or my wife harm in the process.
    My kids are raised; my wife is taken care of, and I am on the downhill slide physically. Yeah, I'll shoot a scumbag on my property and take my chances in court knowing that it may or may not turn out well for me. Thieves will kill for $5 these days. At least I will be alive to face a jury.
     
  6. AI Inc

    AI Inc LawnSite Fanatic
    Messages: 27,377

    That must suck. My state constitution states that I have the right to use deadly force to protect " life and property"
     
  7. AI Inc

    AI Inc LawnSite Fanatic
    Messages: 27,377

    Better to be judged by 12 then carried by 6.
     
  8. AI Inc

    AI Inc LawnSite Fanatic
    Messages: 27,377

  9. puppypaws

    puppypaws LawnSite Fanatic
    Messages: 9,295

    This is how your state looks at the use of deadly force; of which I must say is more lenient than most. I like a state with guts.

    New Hampshire Deadly Force Basics
    By Evan F. Nappen, Attorney at Law

    You may use deadly force when you reasonably believe that someone is:
    1) About to use unlawful, deadly force against you or another; or
    2) Likely to use unlawful force against you or another while committing a burglary; or
    3) Likely to use any unlawful force while committing a felony against you in your home or curtilage*; or
    4) Committing or about to commit a kidnapping or a rape.

    HOWEVER, you may NOT use deadly force to defend yourself or another if both of you can, with complete safety:

    1) Retreat from the encounter. Except you are not required to retreat if you are in your home, curtilage*, or anywhere you have a right to be, so long as you were not the initial aggressor; or
    2) Surrender property to a person claiming to have a right to it; or
    3) Comply with a demand NOT to do something, which you are NOT otherwise required to do.
    You cannot use deadly force if you have provoked the use of force against you in the same encounter.
    You may display a firearm or other weapon with the intent to warn away a threat of serious bodily injury or death to you or to another.

    *Curtilage means the outbuildings near your home and all the grounds surrounding your home which are regularly used for domestic purposes.

    Our state law is explained below.

    http://archive.digtriad.com/news/local/story.aspx?storyid=290516
     
    Last edited: Dec 5, 2014

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