# Stupid Gun news of the day (Part 2)

**URL:** <https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428>\
**Category:** The BBQ Pit\
**Created:** [January 26, 2022, 5:10pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428 "2022-01-26T17:10:54Z")\
**Posts on this page:** 20\
**Page:** 34

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [November 30, 2022, 6:37pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/661 "2022-11-30T18:37:48Z")

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It was at a Family Dollar store. If the victim had been shoplifting from Macy’s, it would be another thing altogether.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 30, 2022, 9:35pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/662 "2022-11-30T21:35:54Z")

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I am not an expert on Texas law but I think if the guy had been running from the shooter’s home with a TV he would have been on solid ground to shoot him. I don’t think you can defend someone else’s property.

Edit: Here is the applicable law. Does not say it has to be your property but there are a bunch of qualifications.

[Texas Penal Code Section 9.42 (2019) - Deadly Force to Protect Property :: 2019 Texas Statutes :: US Codes and Statutes :: US Law :: Justia](https://law.justia.com/codes/texas/2019/penal-code/title-2/chapter-9/subchapter-d/section-9-42/#:~:text=Deadly%20Force%20to%20Protect%20Property,-Universal%20Citation%3A%20TX&text=(B)%20the%20use%20of%20force,death%20or%20serious%20bodily%20injury).

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**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\
**Post date:** [November 30, 2022, 9:38pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/663 "2022-11-30T21:38:22Z")

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Texas is Texas, but it shouldn’t be legal to shoot someone in the back for theft.

PS did you read the pinhead comments in that Yahoo news article? Bloodthirsty self righteous bunch.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [November 30, 2022, 9:49pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/664 "2022-11-30T21:49:53Z")

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> [@CookingWithGas](#):
>
> I don’t think you can defend someone else’s property.

You shouldn’t, but here you go…

> **[Man Cleared for Killing Neighbor's Burglars](https://abcnews.go.com/TheLaw/story?id=5278638&page=1)**
>
> Texas grand jury won't indict man for protecting his neighbor's property.

> [@Just\_Asking\_Questions](#):
>
> Texas is Texas, but it shouldn’t be legal to shoot someone in the back for theft.

No, it shouldn’t be. But you can even shoot little girls in their car because someone _else_ stole from you.

> **[Texas mom rips grand jury for not charging man who fatally shot daughter](https://nypost.com/2022/07/20/texas-moms-pain-as-man-who-shot-daughter-9-avoids-charges/)**
>
> A grieving Texas mom has ripped a grand jury after it refused to charge the man who shot and killed her 9-year-old daughter because he had just been the victim of a robbery

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**Author:** ![Morgyn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/morgyn/32/3041_2.png) [@Morgyn](https://boards.straightdope.com/u/Morgyn)\
**Post date:** [December 2, 2022, 3:45am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/665 "2022-12-02T03:45:23Z")

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A 10-year-old boy in Milwaukee [shot and killed his mother last week](https://www.tmj4.com/news/local-news/10-year-old-upset-over-vr-headset-fatally-shoots-mother-charged-as-an-adult). He was apparently angry that she had woken him up early and that she wouldn’t let him buy something on Amazon.

After she was dead, he logged into her Amazon account and bought an Occulus.

Abuses animals.  
Sets fires.

IIUC, these are pretty classic signs of a budding serial killer.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [December 2, 2022, 3:53am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/666 "2022-12-02T03:53:13Z")

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> [@k9bfriender](#):
>
> > [@CookingWithGas](#):
> >
> > I don’t think you can defend someone else’s property.
> 
> You shouldn’t, but here you go…
> 
> [Man Cleared for Killing Neighbor's Burglars - ABC News](https://abcnews.go.com/TheLaw/story?id=5278638&page=1)
> 
> > [@Just\_Asking\_Questions](#):
> >
> > Texas is Texas, but it shouldn’t be legal to shoot someone in the back for theft.
> 
> No, it shouldn’t be. But you can even shoot little girls in their car because someone _else_ stole from you. -
> 
> [Mom outraged after man who fatally shot daughter not charged](https://nypost.com/2022/07/20/texas-moms-pain-as-man-who-shot-daughter-9-avoids-charges/)

From the article.

> after the decision not to charge Tony Earls, 41, who police say fired the shots that killed fourth-grader Arlene Alvarez, **believing his robber got into her family’s pickup.**

He didn’t even have a clear target, just opened up on where he _thought_ the thief was.

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**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\
**Post date:** [December 2, 2022, 3:54am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/667 "2022-12-02T03:54:41Z")

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> [@Morgyn](#):
>
> A 10-year-old boy in Milwaukee [shot and killed his mother last week](https://www.tmj4.com/news/local-news/10-year-old-upset-over-vr-headset-fatally-shoots-mother-charged-as-an-adult). He was apparently angry that she had woken him up early and that she wouldn’t let him buy something on Amazon.
> 
> After she was dead, he logged into her Amazon account and bought an Occulus.
> 
> Abuses animals.  
> Sets fires.
> 
> IIUC, these are pretty classic signs of a budding serial killer.

But think of how many burglaries they thwarted by having a gun in the home.

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**Author:** ![aurora\_maire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aurora_maire/32/328_2.png) [@aurora\_maire](https://boards.straightdope.com/u/aurora_maire)\
**Post date:** [December 2, 2022, 5:29am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/668 "2022-12-02T05:29:54Z")

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> [@Morgyn](#):
>
> After she was dead, he logged into her Amazon account and bought an Occulus.

The kid is obviously already a sociopath and needs extensive mental health treatment but I’m not sure he needs to be tried as an adult and possibly sentenced to 60 years. He’s 10. Just from this

> [@from the article](#):
>
> The day after his mother’s death, the aunt said he apologized for killing his mom and then asked if his Amazon package arrived.

it’s clear he had no concept of the consequences of his actions. His brain isn’t even fully formed at that age. Yes, he needs to be kept away from society for a long time and hopefully given a chance to get much needed mental help. But to just throw him in prison for basically the rest of his life? That’s going too far for a 10 year old.

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [December 2, 2022, 5:33am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/669 "2022-12-02T05:33:45Z")

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For additional punishment, he forfeits the Occulus, and is issued a Gameboy Advance and a Zune.

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**Author:** ![snfaulkner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snfaulkner/32/433_2.png) [@snfaulkner](https://boards.straightdope.com/u/snfaulkner)\
**Post date:** [December 2, 2022, 5:50am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/670 "2022-12-02T05:50:34Z")

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But he gets to keep the gun.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [December 2, 2022, 6:10pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/671 "2022-12-02T18:10:25Z")

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15 year old boy, canvassing for Warnock, gets the only logical reception (through a closed door):

> **[15-year-old Warnock campaigner shot through door by homeowner, deputies say](https://news.yahoo.com/15-old-warnock-campaigner-shot-150950583.html)**
>
> Deputies said it is unclear if the shooting was politically motivated or not.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [December 3, 2022, 2:39am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/672 "2022-12-03T02:39:46Z")

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> [@DavidNRockies](#):
>
> 15 year old boy, canvassing for Warnock, gets the only logical reception (through a closed door):
> 
> [15-year-old Warnock campaigner shot through door by homeowner, deputies say](https://news.yahoo.com/15-old-warnock-campaigner-shot-150950583.html)

> Paiz was booked into the Chatham County Jail and charged with aggravated assault and aggravated battery. -

Why not attempted murder?

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**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\
**Post date:** [December 3, 2022, 2:57am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/673 "2022-12-03T02:57:29Z")

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> [@running\_coach](#):
>
> Why not attempted murder?

Well, he did get the kid in the leg, so not aiming for center of mass.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [December 3, 2022, 2:59am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/674 "2022-12-03T02:59:08Z")

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> [@EddyTeddyFreddy](#):
>
> > [@running\_coach](#):
> >
> > Why not attempted murder?
> 
> Well, he did get the kid in the leg, so not aiming for center of mass. -

And if an artery was hit?

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**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\
**Post date:** [December 3, 2022, 3:02am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/675 "2022-12-03T03:02:04Z")

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And he bled out? Yes, then upgrade the charges to murder or at least negligent homicide. But I’m guessing the current charges are based on that sort of reasoning. Mind you, I’m in no way condoning it, just trying to understand the charging decision. Also, it’s early days in the case; the prosecutor could seek attempted murder charges in the grand jury when seeking formal indictment.

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [December 6, 2022, 1:12am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/676 "2022-12-06T01:12:32Z")

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Cross posting this from the stupid people in the news thread.

> **[Florida deputy charged after he 'jokingly' pointed gun, fatally shot fellow...](https://www.usatoday.com/story/news/nation/2022/12/05/florida-deputy-killed-officer-roommate-jokingly-fired-gun/10838796002/)**
>
> Deputy Austin Walsh was killed when his roommate "jokingly" pulled the trigger on what he thought was an unloaded gun, authorities said.

This guy needs to be put away for a while.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [December 6, 2022, 1:19am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/677 "2022-12-06T01:19:12Z")

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But … but … but … I was in fear for my life!

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [December 6, 2022, 1:56am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/678 "2022-12-06T01:56:37Z")

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“law enforcement officers are typically trained to never point a gun – or even something that looks like a gun – at anything they don’t intent to shoot”

I think that _any_body with _any_ firearms training knows this. _I_ know it and I’ve never owned a gun.

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**Author:** ![Kimstu](https://avatars.discourse-cdn.com/v4/letter/k/ecd19e/32.png) [@Kimstu](https://boards.straightdope.com/u/Kimstu)\
**Post date:** [December 6, 2022, 5:21am UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/679 "2022-12-06T05:21:03Z")

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> [@CookingWithGas](#):
>
> I think that _any_body with _any_ firearms training knows this. _I_ know it and I’ve never owned a gun.

Same. I learned it here on the SDMB, from Doper gun owners repeatedly referring to it as an elemental aspect of gun safety. Always assume all guns are loaded, and never point a gun at anything you don’t intend to shoot.

None of my business, but I kind of wonder if this was actually a roommate feud and murder now being covered up as an “accident”. How does anybody who shares living quarters with a deputy LEO not know at least that much about gun safety?

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [December 6, 2022, 3:48pm UTC](https://boards.straightdope.com/t/stupid-gun-news-of-the-day-part-2/958428/680 "2022-12-06T15:48:13Z")

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Florida Man kills neighbors over a laundry room dispute.

> **['Lost my temper': Elderly Florida man settles laundry room dispute by killing...](https://www.rawstory.com/florida-man-laundry-dispute/)**
>
> Henry Wallace was shot and killed over the weekend after an elderly neighbor was enraged over Wallace leaving the door open to the shared laundry room. While standing at his mailbox, Hugh Hootman demanded Wallace apologize, said WPBF News. ...

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