"Reasonable" in law is usually tied to the negligence definition of "the standard of care that a reasonably prudent person would observe under a given set of circumstances."
But I don't know what the specific statue says or if that's the same definition Texas uses in criminal law.
There is NO PRESUMPTION OF REASONABLENESS WHEN DEFENDING PROPERTY
Presumption of reasonableness applies in the case when they were a direct threat to your well being and you used a adequate amount of force to stop them, e.g. self defense
What this means is that you still have to meet the reasonableness standard, but the jury will be the ultimate arbiter of reasonableness of conduct, not as iron clad as presumption of reasonableness.
Texas law penal code 9.41(b):
(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.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
The spirit of the law is definitely in stealing metal stock. Foil can be considered trivial by most DAs and they may decline. If they steal metal stock tied to it, you can argue in good faith they stole the metal (which has a minor but still noticable value).
Pretty sure this law was meant to stop people from stealing pipes and railways for scrap, not aluminum foil. However you can use cheap aluminum/bronze/copper/brass pipes to hold up your sign and when they steal that it's a felony.
Back when copper prices were skyrocketing during the early 2000s, copper signal wire theft was a pretty big deal for the Union Pacific railroad here in California. People would steal a couple thousand feet at a time, burn off the insulation, and scrap it.
In fact it was the first time I had ever seen actual railroad police officers, when they were in our town investigating. I knew they existed, I had just never seen one in person. They didn’t look like somebody you’d want to mess with.
I worked as a contractor for a major railroad, spent many a time in the elevators with Railroad Police. They have more jurisdiction and powers than people think.
And yes, being in an elevator with 5 or more of them when they are fully geared up and carrying is a bit intimidating lol.
Update; You may be right. I asked my attorney friend about this, and he said that materials intended for food or beverage (I.e. aluminum foil or soda cans) would probably not be considered aluminum in the legal sense. However, aluminum rebar or something typically used as a building or trade material would make for a strong case.
But I think this creativity is what we need. Go look up your state’s theft statutes, look at the weird little criteria under the felony charges, and share. Make them pay!
The police around our neighborhood wouldn't do anything. They don't care about theft or destruction of property even if you know who did it. Or if you don't know and they find out they won't tell you who it was.
May I suggest blaring RIPT 90 day fitness 24/7 and replacing everything in the room with workout memorbilia of Chuck Norris, a tredmill, a stationary bike for a chair and Total gym for his bed.
Can't you shoot people for stealing at night in TX?
Yes, it is actually part of the LTC training. (Concealed Carry License)
Well, you just can’t use bait. You have to give them a sporting chance.
The most dangerous game
What about throwing a MAGA Hat on the lawn?
Thats DNR territory.
Can confirm. TPW has regs against baiting baiting migratory birds...
Because lefties will say "that's not fair!"
So leaving a social security check visable would be a no-no?
Yes, what if I set a blind up in a tree and use NVG's, that seems pretty reasonable.
kek
If it works for hogs it should work for these fucks.
"Hello, police?" BLAM
"Someone just tried to steal a sign off my lawn."
Someone just tried to steal my aluminum!
AND (most Importantly) “I WAS IN FEAR FOR MY LIFE. SEND POLICE AND AN AMBULANCE BECAUSE THERE HAS BEEN A SHOOTING!” Click...I need a lawyer.
It's reasonable to shoot communists.
"Reasonable" in law is usually tied to the negligence definition of "the standard of care that a reasonably prudent person would observe under a given set of circumstances."
But I don't know what the specific statue says or if that's the same definition Texas uses in criminal law.
That standard of care quote basically means it's up to the jury.
There is NO PRESUMPTION OF REASONABLENESS WHEN DEFENDING PROPERTY
Presumption of reasonableness applies in the case when they were a direct threat to your well being and you used a adequate amount of force to stop them, e.g. self defense
What this means is that you still have to meet the reasonableness standard, but the jury will be the ultimate arbiter of reasonableness of conduct, not as iron clad as presumption of reasonableness.
Texas law penal code 9.41(b):
(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.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
Is nighttime anywhere ok? "Officer, it was nighttime in Honolulu."
This is for those times when you’re not at home! 😉
In that case, I choose copper clad ammo. Shooting intensifies for running off with my copper
Based Fucking Texas
If you catch them. You can shoot them for stealing during the day. Weasels tend to do this shit when you are asleep. They don't work for a living
I'd glue the sign to a piece of aluminum plate. No doubt about stealing aluminum then.
The spirit of the law is definitely in stealing metal stock. Foil can be considered trivial by most DAs and they may decline. If they steal metal stock tied to it, you can argue in good faith they stole the metal (which has a minor but still noticable value).
Smart!
Could you use some old copper pipe as the legs for supporting the sign?
Or copper pipe
Pretty sure this law was meant to stop people from stealing pipes and railways for scrap, not aluminum foil. However you can use cheap aluminum/bronze/copper/brass pipes to hold up your sign and when they steal that it's a felony.
Back when copper prices were skyrocketing during the early 2000s, copper signal wire theft was a pretty big deal for the Union Pacific railroad here in California. People would steal a couple thousand feet at a time, burn off the insulation, and scrap it.
In fact it was the first time I had ever seen actual railroad police officers, when they were in our town investigating. I knew they existed, I had just never seen one in person. They didn’t look like somebody you’d want to mess with.
Get out of here, Dad.
I like this.
I worked as a contractor for a major railroad, spent many a time in the elevators with Railroad Police. They have more jurisdiction and powers than people think.
And yes, being in an elevator with 5 or more of them when they are fully geared up and carrying is a bit intimidating lol.
Yeah, crap like that made me jump for joy when photos surface of idiots who die trying to steal wire.
This means you got to have people make signs of of soda cans.
Nope. Order it from mcmaster carr
They have everything.
You may be right! I agree there are plenty of easy and inexpensive ways to go about this.
Problem will be getting a DA to charge this, especially with Soros buying them off.
Might start seeing a lot of Trump signs set on copper plumbing pipe soon 🤣
Update; You may be right. I asked my attorney friend about this, and he said that materials intended for food or beverage (I.e. aluminum foil or soda cans) would probably not be considered aluminum in the legal sense. However, aluminum rebar or something typically used as a building or trade material would make for a strong case.
But I think this creativity is what we need. Go look up your state’s theft statutes, look at the weird little criteria under the felony charges, and share. Make them pay!
Secure it in place with rat traps. Good cheap fun.
Fun? Yes, but booby trapping is of dubious legality and opens you up to civil litigation.
You could argue that you put them there as decoration.
To keep pigeons from roosting on your sign.
Fine. Post a notice that stealing the MAGA sign is theft and that it will be painful to the thief.
Acceptable "traps" are those used to deter animals, such as anti-bird gel or electric wires (the kind you use on cattle fences, not the 220V kind).
Bird B gone
Rats have been a problem chewing my signs mr judge
*And of course have a security camera aimed at the sign
And post it here.
Needs to be an expensive sign or a convincing bill of sale.
https://www.buildasign.com/aluminum-signs
"Starting at $25!"
Also, based in Austin.
This is some 57D Backgammon right here 👌
There are aluminum Trump signs to make the felony more credible.
I love it
The police around our neighborhood wouldn't do anything. They don't care about theft or destruction of property even if you know who did it. Or if you don't know and they find out they won't tell you who it was.
Real life isn't a video game my dudes.
That’s if the prosecutor doesn’t drop charges... good luck with that!
Forget that, BRONZE TRUMP 2020 yard signs, anyone?
Have your sign cast in bronze.
That's superb!
These laws are usually something weird like "cannot ride an alligator between 9pm and 6am", but this is excellent!
will this actually work
Better yet, make Trump signs out of those metals and really bait them
Stuff like baby formula? Yup. But not metal theft!
GENIUS!
Isn't the stand for the sign aluminum? Already got it.
Those stands are generally steel.
Gotcha. Makes sense.
Id love to see that court case. Lol.
We need to make some solid aluminum Trump signs STAT!
This is truly fantastic Pede. I lovve this place.
It wouldn’t fly but A for effort
Maybe I should start making Trump Signs in the fashion of bug zappers.
I mean whats 50,000 volts of electricity for grabbing something you're not suppose to steal?
Do bug zappers work on basement-dwelling, tendies-sucking, Libtards? Asking for a fren.
May I suggest blaring RIPT 90 day fitness 24/7 and replacing everything in the room with workout memorbilia of Chuck Norris, a tredmill, a stationary bike for a chair and Total gym for his bed.
Dude, if I get rid of the treadmill, where am I going to hang all my unfolded laundry? Think McFly!
You put that shit away.
C'mon man! That's like a whole new... well uh, you know the thing! You're a dog faced pony soldier!
Holy shit awesome. And yes, trespassers in TX can be shot.
Ah, those little loopholes. I’d rather just hook a 220 volt line up to it.
Someone needs to sell MAGA signs with copper wire as the frame!
Talk about a random law. Not the first of its kind by any means though...
Could also glue 10 pigheads to the back. Will also repel any muzzies stalking in the night
Why not just put a price tag of $20,001 on it?
Let's use subsection B and put some Trump 2020 signs on some headstones.
I mean sure but rather set it up with barbed wire in the back or a 120v electric shock.
Now you need to hide 2,500 dollars worth of aluminium in that sign. :rolls eyes thought back of my head:
Re-read (F) again, very very slowly. You missed two important words.
Yeah, but intent of that law is not stealing wallmart aluminum roll on a sign.
Items (B) through (F) are not predicated on (A)