Disasters and property defense?
This is a discussion on Disasters and property defense? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; In Michigan we cannot use deadly force to protect property BUT as my CPL instructor said; "If someone is trying to take your bike from ...
April 17th, 2009 12:40 PM
In Michigan we cannot use deadly force to protect property BUT as my CPL instructor said; "If someone is trying to take your bike from your garage, and you step in front of them, grab the bike and refuse to let go they have two choices, they can let you have the bike or they can try to force you to let go."
Since there are three of them and they are now planing on beating you to let go of the bike deadly force would be justified.
Also since Michigan is on open carry state you could remove your cover garment BEFORE you approach them so you cannot be charged with brandishing. Actually since you are on your own property I suppose it would be legal to have the gun drawn and pointed at the ground as you approached.
I am not actually suggesting such a plan of action, and neither was my instructor, I am just throwing it out as food for thought.
April 17th, 2009 06:26 PM
You live in Texas so you can probably shoot them. Then again I could be wrong. I wouldn't shoot them if I lived in Texas anyway. I would however walk up with my gun drawn and tell them to lick the pavement.
April 18th, 2009 04:36 PM
Move to Arizona
13-407. Justification; use of physical force in defense of premises
A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force (Can point gun at them) or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.
C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
13-408. Justification; use of physical force in defense of property
A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.
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