i'm not. our constitution does. we dont have to agree with it we just have to abide by it.

 

Once again the best advice so far is still, in my mind, Olddude48 post #45...don't get legal advice from a Harley forum.

If you carry and use that gun then be prepared for an expensive lesson on whether you were right or wrong. If you carry I repeat myself and say you better be legal to carry and know the applicable laws. If you use deadly force on your property then the same advice applies...learn your laws or know where all the exits are. Texas in the Fall of '07 added the so called "castle" law and it greatly reduces or eliminates the chance of civil liability ON your property at night. Many states are apparently moving in the direction of affording more protection to those who use deadly force to protect life and property.

My family still owns a bar that was broken into many years ago in Massachusetts, locked inside was a German Shepard. The dog made thief flee and caught him outside and took a chunk out of the thief's leg, the guy killed the dog to get loose using the same bar he smashed in the lock with. He was one of the usual suspects and was later apprehended and convicted. The family then had to defend themselves in a civil lawsuit for the medical/pain/trauma suffered. Very expensive way to find out family was right. I attended the PA State Police Academy once upon a time and at that time we were taught if deadly force was used there could be no other choice....break into house, enter bedroom where you are sleeping and you must use the window if one is available. I hope that has changed. We in Texas "enjoy" a system that is heavily weighted in favor of the defender but that is Texas and still not "fool" proof.

Keep the responses coming for the OP I guess and I will keep reading them as well since some are pretty comical in their bravado and none have assumed the guy stealing might be say a ex Navy seal who can't find work and is perfectly capable of taking away your trusty piece and sticking it where the sun doesn't shine and squeeze off a few of your own bullets

Once again #45 is my pick dujour for sound advice and a couple others that were similar, followed closely by #100 who was immediately flamed. Remarkably nobody flamed #12 for his guidance that he learned to shoot/not shoot by playing 2 video games. No flames for the two guys who carry shovels or the one who has a backhoe I guess he can "sneak in" to remove the bodies. Oh, I myself would shoot them right there in the mall parking lot...several shots...with my cellular, get the license plate in one,and a nice overall of the van, maybe a glamor shot or two of the would be thieves with my bike. Then I would dial 911. If that didn't work I would use my fast reloader and call my insurance company. That saves me from having to carry a drop gun in addition to the shovel everywhere I go. If your personal choice is to blaze away, I wish you good shooting. While you wait for the police you might want to go in the mall and get a good suit, chances are you will need it in court.

John

 

In Texas,we have options.
I don't know what the laws are in your area.

In any case,I'm not saying your choice is wrong or right.It is your choice and that is what your comfortable with.I have no arguement with that.

I will make my choice.As long as my choice is legal it should not matter to you either.

 

Nah! won't need the suit, uncle Jim's the judge and he don't care if you dress casual! He gets even more lax on protocal right before the primary election. Just to be on the safe side I may go get me one of them auxillary sheriff's badge's. They are easy to get near primary time also.

You don't run from the law in Ky son!...lol

amazing how different the legal sytem is from north to south! Looks like the lawyers have made a growth industry out of shooting a thief up north.

Liberal courts and judges contribute to the crime rate!

Guess I'd better keep my ride south of the mason dixon line!....lol

 

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That was one of the sad things,, the OP biker had just bought his 08 bike the day before, 1st one he had owned and he didn't call his agent, so he did not have any Insurance yet...
Stupid on his part but it happened...

He did get the plate number, but as of a week later, still no luck from the police on finding it.

 

Yes...but it was impersonal, in combat.

Never a one-on-one situation like we're talking about here.

 

I did not read all of the responces on here but I can tell you what I know. WV Supreme court has ruled that you may "kill your attacker" and this is not limited to ones home or castle, if you believe your safety is in eminent danger. Can you legally shoot them for running off with your bike? No. Could he have shot the driver while he was trying to run him over? Yes. As for the other two, just make sure they have knives in their hands when the police arrive and make sure they are dead. (your word against theirs)
Now comes the hard part. YOU WILL BE ARRESTED! you will go to trial. Leos do not like people who have guns and or use them. Be prepared to spend lots of money getting out of it.

 

http://www.youtube.com/watch?v=YCPqv...eature=related

 

Doesn't matter. The point is a "reasonable expectation of getting your property back". A motorcycle is considered "tangible and moveable property".

Read Texas Penal Code, Title 2: General Principles of Criminal Responsibility; Chapter 9 Justification Excluding Criminal Responsibility; Subchapter D, sections 9.41, 9.42 and 9.43.

Texas allows it's citizens quite a bit of freedom to protect ourselves and our property. We frown on criminal activity quite a bit more than most places. It's part of our wild west frontier heritage.

 

Maybe in WV....not in Texas. Grand Juries will not indict and our LEO's are VERY sympathetic to our citizens protecting property....even other people's property.