Based Texas, am I right? In the State of Texas, legal gun owners can shoot and kill anyone attempting to deface, vandalize, or assault American History, in this case Confederate Statues.
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<span style="color:red"><h4>Before you go any further note that thegoldwater.com is not in any way, shape, or form encouraging violence.</h4></span>
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In a <a href="http://archive.is/jibOn">now deleted Facebook Post</a>, Texas Law Enforcement Academy Training Officer Phil Ryan explained Texas State Law and how Texans who legally own a firearm have a duty, under the law, to protect monuments and statues.
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<blockquote>In Texas, Criminal Mischief (Vandalism) is a crime. So, let’s say someone is defacing or destroying a monument or a statue, not that it happens, just a hypothetical.</blockquote>
<blockquote>That would be Criminal Mischief under Texas Penal Code:
Sec. 28.03. CRIMINAL MISCHIEF. </blockquote>
<blockquote>(a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.</blockquote>
<blockquote>Texas Penal Code Chapter 9, which are the laws concerning the use of force and deadly force to protect yourself, someone else, your property, or someone else’s property (could be state, county or municipal property (the people's). In Chapter 9 under defense of property it says:</blockquote>
<blockquote>Sec. 9.43. PROTECTION OF THIRD PERSON’S PROPERTY. </blockquote>
<blockquote>A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;</blockquote>
<blockquote>Chapter 9.41 states:
PROTECTION OF ONE’S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property (Criminal Mischief is unlawful interference with property).</blockquote>
<blockquote>Chapter 9.42 states:
DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime (Night time is 30 minutes after sunset until 30 minutes before sunrise).</blockquote>
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So essentially, AntiFa Communists can and should be treated like terrorists when attempting to deface American history. In Texas, legally, you could not violate the law for shooting one of these Communist thugs.
Now before you take this as a message of me encouraging violence, I am not. You shouldn't go and shoot these Commies, the police should, but marxist city council and state representatives have prevented that from happening.
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If you did see an AntiFa attacking the statue, and you did shoot, you could likely be charged and arrested.
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However with the proper legal council you may be able to defend yourself under Texas law. It's not a chance I would take, but I assure you that your ancestors would be proud of anyone defending history from Communists.
Then again you could be convicted of murder.
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Because of Phil Ryan's comments on Facebook, it caused a major backlash with people demanding his termination. He's since changed his Facebook name and deleted all posts, and the Mckinney Police Department has said he's not an officer on their force.
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We're not sure if Ryan is in fact a legitimate police officer, but he is correct about the laws.
It's an interesting situation nonetheless. In essence don't go off shooting people.
There's a right and wrong way to do things. Unfortunately these communists in AntiFa are doing things the wrong way by attacking statues and Monuments violating the law.
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They're not following proper legal measures in order to get city councils and state legislature to remove the statues in many cases, as we've seen in Durham and all across the country with the vandalization and defacing of the statues and Monuments.
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This is a country of law and order, <i>and not obeying the laws can have consequences</i>, but apparently in Texas those consequences hypothetically can be greater than elsewhere.
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