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moved to greener pastures
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Nice..
Texas - way to go.

He caught up with the suspect as he ran into another neighbor's yard.

"I said, 'Stop or I will shoot you!' And bam! Shot one on the ground, went around corner, ready. Because I didn't know if the suspect was armed or not. Went around the corner to see he was lurking behind the bushes or if he had tried to enter Rudy's house to seek for cover," Melartin said.

The suspect, 20-year-old Joseph Anthony Smith, threw up his hands and gave up. He was then arrested by Bellaire police and charged with aggravated robbery


http://www.khou.com/home/Bellaire-man-chases-down-suspect-after-neighbor-robbed-at-gunpoint-139325908.html
 

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Awesome news!!!! That Desert eagle would stop anybody in there tracks.
 

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Walker1847
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Good for him, but in NY he'd probably get arrested for reckless endangerment for discharging his weapon (among other charges, I'm sure).....
 

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Come on guys, if you think you are going to do this in NY and be a hero, then give up your pistol now. Arrested would be the least of your worries, more likley to get shot by the responding RMP. Firing a warning shot against a fleeing suspect in NY. LOL that would be great to see.
 

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Texas is still like the wild wild west.  Owning a gun in Texas is like owning a microwave in New York (almost everyone has one).  
 

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former ak builder
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you shouldnt be robbing people in the first place.
 

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In Texas(or other free states), its defend yourself and do the right thing.  In New York (and like minded sinkhole states) its "comply, comply, comply", hope your not dead and then "be a good witness".  Oh yeah, I forgot, try and have a high quality camera to help the police catch the criminal after your dead.  I hate this liberal sinkhole.
 

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Nice job!
 

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KUDOS to him
 

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NY Penal Law § 35.30
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=40164191+&TARGET=VIEW
4. A private person acting on his or her own account may use physical
force, other than deadly physical force, upon another person when and to
the extent that he or she reasonably believes such to be necessary to
effect an arrest or to prevent the escape from custody of a person whom
he or she reasonably believes to have committed an offense and who in
fact has committed such offense
; and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:
(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force; or

(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.
 

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and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:
(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force; or

(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.

Nowhere in sections A or B do I see "In your home ONLY".
 

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Lamont said:
and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:
(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force; or

(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.

Nowhere in sections A or B do I see "In your home ONLY".
The above applies after a crime has already been committed and you are trying to make a "citizens arrest". It is not an "anticipatory" defense in anticipation of a crime. If a crime was not actually committed, you can not use force to effect an arrest. Your reasonable belief that a crime was committed is not enough, the crime has to actually committed.

There are other defenses that only require reasonable belief and are covered by

Justification; use of physical force in defense of a person.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=40164191+&TARGET=VIEW

and

Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=40164191+&TARGET=VIEW

The above two are anticipatory defenses and apply even if a crime has not been committed and you have a "reasonable fear". Defense of person has a duty to retreat clause EXCEPT in your home.

New York is about the only state that allows use of deadly physical force to terminate burglary IN YOUR HOME. See NY Penal Law 35.20(3).
 
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