Texas Woman...True Story

i have never been in a law libaray in colorado..i did a lot of studying when in california...yeah i know..
colorado is two states in one sorta like california. the two large cities( boulder and denver) are useless liberal anti gun centers. the rest of the state is mainly pro gun hunting populace.
the state has been pro active in protecting citizens when a law is passed in thier favor.
when the SHALL issue law was finally passed, a second law was passed at the same time. it stated that cities and counties could not write laws to negate the state law. we have a statue that is called home rule...cities can over ride state law.....denver took it to court and as i understand it won on home rule, but lost in the end.

soooo
when the home protection law was written, it was accompanied by a law that said, the "victim" could not sue in civil court if the city/county/state said the shooting was justified.

as an aside....if you pull a gun, the law is clear..it must be because you or another is clearly in threat of deadly violence.....the ONLY response with a gun is to shoot to kill......there is no shoot to harm, and only in movies does one wound to stop the threat........

mike in co
 
Chism G said:
Mike..I wasn't aware that States could take away a person's Right to Sue. A Justifiable shooting doesn't remove that basic right.


Glenn
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The Montana legislature a few years back passed a law that was signed by the governor that says a person who kills or wounds someone in self defense cannot be sued by the deceased or injured persons survivors or dependents or anyone else. Why should some scumbag or his family get rich by suing someone who defended themselves? That sort of thing didn't happen until this country got into a "poor victim" mode where an injured or deceased criminal got to be a victim. There are too many stories of some lump of manure suing and walking away with a pile of money because they were inconvenienced while committing a crime.

I'm sure getting cranky in my old age. :D
 
Montana recently passed a stand your ground law/castle doctrine that basically says that if you're in a place you have the right to be you can use any force up to and including lethal force to defend yourself (and I believe others as well). Naturally there were county persecutors who opposed this fiercely because they enjoyed raping a citizen in court who'd justifiably defended him/herself. Now a claim of self defense is considered a positive defense and the police and persecutor (yes I know how to spell) have to prove that it wasn't self defense instead of the person who shot in self defense having to prove it was.

Tried to find the law with a search, but haven't dug into the Montana revised codes, and since I'm not a lawyer it's nearly as much fun as a root canal without anesthesia.
 
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So Glen as I read this, it is Colorado where the law suit took place and the shooters were sued?

"Under Colorado’s self-defense laws, the use of deadly force is justified only under the “reasonable belief” that it’s necessary to prevent serious bodily injury or death. The jury found that none of the men had a legitimate claim of self-defense."
 
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Vern said:
So Glen as I read this, it is Colorado where the law suit took place and the shooters were sued?

"Under Colorado’s self-defense laws, the use of deadly force is justified only under the “reasonable belief” that it’s necessary to prevent serious bodily injury or death. The jury found that none of the men had a legitimate claim of self-defense."
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The defense Attorney's(Vulture's) had a strong suspicion that there was no legitimate claim of Self Defense. Which is the reason for the Lawsuit. It helps to know the Law before you pull the trigger. You may be exonerated(Criminally) for your actions ,but you pay the price for pulling the trigger. It's a no win situation.



Glenn
 
yes...
the shooting did not/does not fall under colorado's dirty harry law......
so not a good example of what i said.
colorado's law is narrow...in your HOME.....NOT CAR NOR PLACE OF WORK...( some states have added your car, so not car jacking, and the perimeter of your property, not your house)
you may be involved in a justified shooting out of your house,BUT since that is not a dirty harry application, it has no law against civil suit.

don't take stuff out of context

mike in co
 
In Montana it is illegal to use lethal force to protect property. Unless a building is occupied lethal force cannot be used. Shooting someone for stealing your car, robbing your chicken coop, or whatever is consequently illegal. That looks like what happened in the TX was protecting property. However, if a person is in a place they can rightfully be and are set upon and feel that they are in danger of serious bodily injury or death they can legally use lethal force to defend themselves.

With all the guns in Montana you'd think that we'd be shooting each other right, left, and center, but there are only a few shootings. That must upset little Mike Bloomberg and the Brady Bunch, but that's the way it is. Most of the shootings also involve people who can't legally possess firearms like convicted felons.
 
I have had a Justifiable Homicide experience within my immediate family. This happened when we were living in Beaumont, TX. To this day, I remember something an old judge, who was a friend of the family, told me after the incident...."You justify killing a man in Texas much easier than you justify poaching a deer". Now, I don't know if this is truely the way it is, but it wouldn't suprise me if it was. Having lived in a number of states around this country, I only feel safe and comfortable in my home state of Texas.
 
Glenn, it is my understanding that in Texas civil charges can be brought against you regardless of the outcome in criminal court..

Next time I'm around an attorney I'll have to verify.
 
It is my understanding that anyone can sue anyone else at any time and anywhere. I could sue you for posting your opinion here on BRC...... AFAIK ain't no states nor municipalities enter into it.

al
 
Pat I dont believe Glen ever said otherwise.
That has been his point all along.
 
Pat B. said:
Glenn, it is my understanding that in Texas civil charges can be brought against you regardless of the outcome in criminal court..

Next time I'm around an attorney I'll have to verify.
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Pat,you are correct. It has always been my understanding that you can be sued regardless of the outcome of the Criminal case, in Texas. The Civil Immunity clauses attached to the various "Defense of Habitation Laws" can be used as a defense in a Civil Case brought against you in a justifiable shooting in Texas.The Plaintiff will probably lose in Court, Most of the time ,but there is no legislature that prevents him/her from filing a Civil Lawsuit and tying up the Court System. Sometimes they win. There are Lawyers out there who specialize in finding ways to win Civil Lawsuits.

Let us know what the Attorney says.


Glenn
 
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