Should you be legally allowed to shoot someone over property?

Should you be legally allowed to shoot someone to defend your property?

  • Yes.

    Votes: 216 72.2%
  • No.

    Votes: 44 14.7%
  • Other (Please clarify).

    Votes: 39 13.0%

  • Total voters
    299
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all relative morals and viewpoints aside:

the general thing here is that, unless he moves to pull or point a weapon at you, chances are he's scared ****less and is trying to escape you. If thats true, then you've already successfully defended yourself. In the vast majority of such scenarios, shooting him would be (I'm assuming) tried for second degree murder, at least where I live in Southern Virginia (we have some uptight law enforcement) and probably anywhere else. What you could do is CAUTIOUSLY follow him and try to get a license plate of a getaway car he may have, or call police and give them a general idea of where he may be heading so that they can try and find him if he takes off on foot. Or better yet, get mad, scream at him, point the gun at him, and corner him so he cant run, then subdue him until the police get there.

However, if you shot him in the face where it looked like he wasnt able to flee (or wasnt going to), then no one would have a case other than saying that you did defend yourself. The only remaining question is if you think its worth taking a life over and if its worth any legal trouble. You could also consider just shooting him in the leg and checking for weapons if he didnt have a weapon out on you (in which case I'd probably kill him), then restrain and medically assist him until the police arrive. Then, thats not good either because he could turn around and sue you (doubtful he'd get anything other than being scoffed at and sent back to jail)

either way, be ready for the legal hassle and consequences.
 
mekender,
It is about rights and what the constitution is all about. Not your vigilante mentality for sure. You will fall heavy I am thinking, and should. For in your brief admission, you are why laws are needed, and we have them.

States have some of their own laws or lack of them. The place you need to live in, is: A location where guns are rampant and the law is not really very strong for protecting all and everyone, by a court system that is not the best some mention. But it is, better than what you are saying.

Regards.
 
I think it’s my turn. Aside from the posters here who discussed life=property, I wanted to bring several issues to the attention of those who voted no (or other).

I will assume two things:

1) You have a right to defend your life
2) You have a right to property.

Now, when we discuss the Second Amendment and the right to keep and bear arms, everyone is quick to say that we have the right to defend our lives, and the effective means to do so, among many things.

When the anti-gun people say, “you don’t need assault rifles,” we say, “irrelevant. We have a right to it” (among many things). Presumably, we say this under the pretense that it is our right to defend our lives, and therefore, it is our right to possess the means to defend our lives.

But I’m surprised that the second I replaced “life,” with “property,” the situation changed so much. Others here have already mentioned that life translates into property. We spend hours of our lives working so that we may afford a firearm, for example. So when that firearm is stolen, the thief has stolen not just an object, but the hours of our lives that were used to obtain it.

People here have said, “it should only be okay if you need that object to sustain your life.” That stealing a wallet from a working, single, mother of three is different from stealing a plasma TV from a wealthy man. But to these people I ask: since when was it okay for people to be treated differently under the law? Who are you to say that the working mother has more of a right to her property than the man has a right to his property? Ostensibly, some here would hang the guy and let the mother go (if both were to shoot).

So you are telling me that the wealthy have less of a right to their property than the poor? That it is largely okay to steal from a wealthy person (because they don’t “need” what they have), but not okay to steal from someone who needs that money desperately? That a mother who shoots to defend her property should be released, but a man who shoots to defend his property should be hanged, because as far as you are concerned, the man didn’t need to have the plasma TV anyway? Since when did the issue of “need” stop us from defending our right to keep and bear the very arms that we use to target shoot or defend our lives with? We don’t need assault rifles, plain and simple.

If “need” is no issue with regards to arms, why is “need” an issue with regards to property (assuming we have a right to both, that is). By the way, if you would like to argue that we do not have a right to property, well, we can talk about that too (I won’t for the moment, however).

As you can probably guess, this is not a question of individual preference. It is a question of principle, justice. If you have the right to property, how can defending your property not be? What is to stop someone from taking what is yours if you are not allowed to defend it with the threat of deadly force? At what point is it okay for someone to steal without facing repercussions? Twenty dollars? 500? At what point can a criminal no longer say, “hold on, I’m stealing the amount just below the law (or I’m not stealing enough to endanger your life), so you can’t touch me without me or my family suing you for every penny I didn’t steal yet”?

Many here have said, “well, I wouldn’t shoot if X were the situation, but I’d shoot if Y were the situation.” And for the most part, that point is different for everyone. So my question is, why is it okay to punish someone for his preference and not another, when in fact, you agree that it is justified to shoot over property (if that is the case)? Just because he has a different preference? You should be allowed to shoot someone over your car, but he shouldn’t be allowed to shoot someone over his wallet, because you would only shoot over something equal, or greater in value, to your car? How can we set a point up that is not arbitrary?


I could not live with myself if I shot someone over a few pennies, or a few dollars. Couldn’t do it. But will I damn a person to prison for protecting what is his from theft? Will I damn a person to prison because he has a different preference than I do? Absolutely not. The notion that one should only be able to defend his or her property with the threat of force, including deadly force, only after a certain point, implies that a criminal has a right to everything below that point. That you essentially cannot stop a person from stealing your possessions unless it crosses that threshold.

But when should that be? At what dollar value should one be able to retaliate with force? At what dollar value should one be able to retaliate with lethal force? The answer is arbitrary.

And what this means is that two people can be in exactly the same situation, and do the exact same thing (shoot the bad guy), and one may go free while the other goes to prison for the rest of his life. Is that justice to the people who voted no? Is it justice when a man in Texas defends his life, his property, faces fewer repercussions than the man who defends his life, his property, in California? That your supposedly inalienable rights vary by state? Rights are not supposed to “depend on the circumstances.” In my opinion, a poor person has as much of a right to their property as much as a rich person does. The notion that some people have more rights than others, as a function of the “situation,” is not something I’m quite ready to accept. It sounds no better to me than “separate but equal.” You should not have to surrender your right to keep and bear arms as you cross state lines any more than you should have to surrender your right to your life and your property.


It is true that we are not discussing reality. We are not talking about how the world is, because quite frankly, the world I just described is the one we live in. But we are talking about how the world should be, and if the world is to change at all, we must decide how we want to change, and then act upon that. My proposal is that the world should be a place in which everyone has a right to defend their life and their property in a manner that they see fit. That everyone is equal under the law, and that individuals can live their lives according to their morals, preferences, and beliefs without facing repercussion simply because someone else disagrees.

If a woman were to shoot an intruder over a tea set he was trying to steal, what would you do if you were on the jury? Hang her because to you, a tea set is not worth taking a life over, even though to her, the tea set (which happens to be a family heirloom that has been handed down for generations) is worth taking a life over? How can you reconcile the arbitrariness of taking anything but an absolute stance on this issue? If it can be agreed upon that we have a right to property, and consequently defend that property from being forcefully taken away, why should your arbitrary opinion on when we should be allowed to shoot overrule the arbitrary opinion of someone else? You cannot expect people to be treated equally under the law when random people get to enforce their arbitrary opinion on others. Is this acceptable, to you?

Because it sure as hell doesn’t sound acceptable to me.

Finally, I will address statements along the lines of, "It should be legal, but it is not always right."

I've always found this kind of statement to be funny. If something is not right, why on Earth should it be legal? Should we not strive to create a society in which what is legal is equivalent to what is right? Again, we fall back on the issue of arbitrariness. What makes your moral choices "right" for everyone? Why should the point where you would shoot be applied to everyone else, if it is agreed upon that defending ones property is a right? You say 500, I say 1000. If you're on the jury, a man will go to prison. If I'm on the jury, the man won't go to prison. Then, when we get a different jury, different results will come about. How is it fair or just if a man is sent to prison for doing one thing, but another man is set free for doing the exact same thing under the exact same circumstances? If there is no objective answer, people will not be treated equally under the law (I am of course, assuming that people being treated equally under the law is a good thing).

How can you send a man to prison for defending his car but not send a woman to prison for defending her wallet? Because rights "vary by circumstance"? Is that how it should be?

What is right for you might not be right for everybody. But if we all have a right to property, and the right to defend it, why should your arbitrary opinions take precedent over everyone else's arbitrary opinions?
 
Depends on whether the question is in the legal or moral context. Legally, it doesn't make much sense to incur $50K in legal bills over a $200 TV. As far as my wallet, the thief is then able to usurp my identity and destroy my good name and credit, which I have spent my whole adult life building. I see no moral problem with shooting to keep my honor and good name. Legally, it may be a different story. You have spent a portion of your life earning the wherewithall to obtain your property. When some low life steals your property he steals the part of your life you spent earning it. Property has value. Criminals have negative value to everybody but their mamas and their lawyers. Aslo, certain types of property are particularly despicable to steal: tools, guns and motorcycles come to mind. I may not shoot an intruder, but I do sincerely wish the lowlife who stole my BM-59 in a burglary dies of necrotizing fasciitis in a ruptured hemorrhoid. There- I hope my rant has raised the level of discourse on THR. :D
 
What if he just said "Kiss my butt" and kept loading your things into his truck? He did not threaten you or make any threatening moves, just kept loading your things onto his truck. What then?

I'd not be above disabling his vehicle. I's a rare day that I don't have a large lockback knife on my belt when at home, would do a nice job on a tire or valve stem. Heck his vehicle on my rural property with out authorization may get a .45 in the tire. What ever the case I'm not about to just stand around and watch it happen.

And of course the county sheriff has been called, but they maybe be 30 minutes or more away, its a big county.
 
In the case listed, no, the threat is already leaving. If he is in the process of confronting you to TAKE the property, that's different. He is threatening YOU.

Just because you are doing society a favor in the long run doesn't mean a jury will think it was ok to shoot someone in the back.
 
Not High Road.

"There are some who get fairly autoerotic at the idea of opening fire on someone at the slightest provocation."
There are some who get fairly autoerotic at the idea of accusing other people of being autoerotic.
 
Go ahead. Blow some poor slob away for stealing your wallet. Then explain to a jury or judge why you killed someone for taking stuff easily replaced.
Under the terms if the poll ("should it be legal – yes") there would be no need to explain anything to a judge or jury.
 
Just because something is legal doesn't mean a prosecutor can't file charges anyway, a judge can't allow the case in his court, or that a jury won't agree with them. ALL OF THEM HAVE IMMUNITY FOR THESE ACTIONS. I guess you can appeal and hope for the best.
 
My working rules of thumb

Article 1 of the social contract:
I won’t hurt you if you don’t hurt me.

Article 2 of the social contract:
We kill anyone who doesn’t abide by Article 1.

The hypothetical property thief, therefore, has a right to live, UNTIL he tries to steal; at that point he ceases to have any (moral) rights of any kind whatsoever, with respect to the rest of us.
I/we may PERMIT him to continue living, for my/our own personal & social reasons, but it is not his RIGHT to live. If he survives it is by our permission.
 
Useless line of argument

Just because something is legal doesn't mean a prosecutor can't file charges anyway, a judge can't allow the case in his court, or that a jury won't agree with them. ALL OF THEM HAVE IMMUNITY FOR THESE ACTIONS. I guess you can appeal and hope for the best.
That applies to ANY action you could possibly take in life - even voting, or scratching your butt.
An argument that is universally applicable is useless for decision-making purposes.
 
I think it depends on the property. If the person is stealing a common, every day object, like a wallet or a lawnmower, then no. If the person is stealing a rare and irreplaceable artwork like a Greek statue, a Beethoven manuscript, or your family's slave quilt, then yes, I do believe the shooting is justified. The thief in question is depriving you and/or society of something that cannot be replaced. In some cases, these items could very well be described as priceless.
 
My property cost me money to aquire. To earn money I had to work. To work I had to give up some of my lifetime. Therefore my property represents a portion of my life that I will never get back. To take my property is to take part of my life. You aren't just stealing a TV or a computer from me, you are stealing precious minutes of my life. Sorry, my life is too valuable to let some deadbeat take it away from me for free. The real question is, should you be allowed to steal a man's life and not be shot?
 
My property cost me money to aquire. To earn money I had to work. To work I had to give up some of my lifetime. Therefore my property represents a portion of my life that I will never get back. To take my property is to take part of my life. You aren't just stealing a TV or a computer from me, you are stealing precious minutes of my life. Sorry, my life is too valuable to let some deadbeat take it away from me for free. The real question is, should you be allowed to steal a man's life and not be shot?
A master of the "torture the logic until it tells you what you want to hear" school, eh?
 
A lot of people have been using the "my property took time from my life to acquire therefore stealing property is stealing a part of my life... and I should be allowed to shoot them for that" logic.

Let's extend that.

Your car took time from your life to pay for. You are probably still paying for it. If someone loses control of their car and runs into yours, they have taken a part of your life and left you nothing. By your logic you should be allowed to shoot the other driver for messing up your car... and of course if it is your mistake they should be allowed to shoot you.

Your significant other (wife, boyfriend, whatever) took time to woo... just finding the right person took months or years of your life and then building and maintaining that relationship took even longer. If your SO wants to leave they have taken part of you life and left you nothing. By your logic you should be allowed to shoot your SO if (s)he leaves you... and of course if you leave them they should be allowed to shoot you.

I think the correct adjective to describe your concept of justifiable force is "sick".

Why is it sick? A bunch of reasons but one of the most basic is because it is not prevention but punishment, and disproportionate punishment at that. Someone using the same argument in this thread asserted that a TV represented 41 hours of their life... so for 41 hours of damage you want to apply a punishment of 438,300 hours (50 years... not unlikely given the average age of TV thieves) removed. Totally disproportionate. If you think it is reasonable you are just proving that you aren't qualified to judge. Which is all but guaranteed, by the way... you lack dispassion because you are the injured party.

One cost of liberty is risk. Those who would give up liberty for safety deserve neither. This applies very directly in this context.
 
Why is it sick? A bunch of reasons but one of the most basic is because it is not prevention but punishment, and disproportionate punishment at that. Someone using the same argument in this thread asserted that a TV represented 41 hours of their life... so for 41 hours of damage you want to apply a punishment of 438,300 hours (50 years... not unlikely given the average age of TV thieves) removed. Totally disproportionate.
Heheh. Very astute. Perhaps we can come to an arrangement where it is okay to shoot someone if the affected area can heal in the amount of time it took the owner of the stolen property to earn enough to replace same.

That does introduce the somewhat sticky issue that an M.D. earns enough to buy a plasma TV every 30 minutes while the hobo can only collect enough recyclables to pay for one bottle of Night Train per day. So the doc has to aim for a fingernail but the hobo can feel free to blow your head off. Although the hobo's TV was probably stolen in the first place, so now we have to figure in how many hours of his life he could concievably have lost while being imprisoned for the theft of the TV...

Or we could just stop torturing logic. I ought to at least be able to shoot someone in the eyebrow for all the time that's been taken from me looking at this thread.
 
The question as you pose it I would say no! You have no right to shoot a human being in the back for just about anything short of open warfare, with of course I would imagine some rare exceptions, very rare exceptions. Perhaps if they were stealing something of life threatening value and it was truly dire then you have moral justification otherwise not a chance, IMHO you'ed just be committing murder......
 
I was going to post another observation, but decided against it. I think it is better to let this thread die. It's fairly obvious that the camps are pretty entrenched. It would probably be best if the moderators would close this thread. After all, the same arguements are being made repeatedly by both sides.

I'll stand with the results of this poll.


-- John
 
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