First, God forbid you should ever need it. I do. For those who think it is cute to park in the handicappe
I myself being disabled with ra find it hard at times to even find an open spot. When I can walk without alot of pain I leave the spots for folks that are worse off then I am.I must use a lift chair at home to get up and could never get up from the ground if I fell. I do see folks that use handicap spots while waiting for their mates at times and see lots of folks with the placecards that seem to walk just fine.I also see lots of very heavy folks using them as well.I can't say that they are handicapped or not.Even on my bad days if I can leave a spot closer to store open I will.When it snows out I can't even get out of a car on the slick stuff cause they don't clear the snow from where my feet must try to get up from. I don't judge those that use the spots cause I'm not sure if they are handicapped or are normals just using someones parking placecard.I'm in my early 50's and had both knees and a hip replaced so ear.With RA I'll just get worse and need more replacement parts ,oh well ty for letting me post here.
Edited by MartinKuhn, 2 years ago
New Hampshire has the right idea when it comes to abuse of handicap parking. There anyone can take a picture of a violator that clearly shows them in the spot and that the spot is clearly marked and give it to police. The picture is then used as evidence in court making it impossible
I hate the rude ppl who have the balls to leave a note on a car (or make comments to someones face or get angry in car, etc) of someone who is handicapp and has a handicapp sticker (or handicapp license plate/plastic card hanger sticker/etc.). They curse and insult a persons appearance (esp when someone looks to have weight issues) and think just cuz u dont look like you are handicapp means you dont have right to park where you did. How the heck do they know if you don't have something wrong with you. How do they know if all the ppl in the car are handicapp or just some etc. Some ppl have lung problems (and not from being a smoker or used to be smoker) and other issues. Just cuz one isnt in a wheel chair doesnt mean they don't have health issues etc that warrent a handicapp sticker being issued to them by their doctor and the secetary of state and being to therefore park in handicapp spots legally. If nothing was wrong with the individual their doctor wouldnt of had them go to the secetary of state and the state wouldnt of issued someone a sticker. I do agree with another poster when they said somethng about someone parking in handicapp and sitting there waiting for someone to come out from being in store. Rather person waiting is handicapp or not they should just drop person off in front of the store and then find a regular parking spot nearest the store to wait for the person. So that someone who is handicapp and wants to go in the store can park in that spot. I too get annoyed though with ppl with no stickers/handicap cards/handicapp license plates that have nothing wrong with them and they still park in the spots just cuz they are lazy and dont want to walk a few more feet to the store.
New Hampshire has the right idea when it comes to abuse of handicap parking. There anyone can take a picture of a violator that clearly shows them in the spot and that the spot is clearly marked and give it to police. The picture is then used as evidence in court making it impossible to get away with. I live in ny and here if you park in a spot without a permit you get a ticket but you have to go before a judge to respond to it. i think its great so the judge can actually tell these people a thing or 2 and since traffic court is always busy the reprocussions cost alot more time than you could have saved by parking illegally in the first place.
Lets try reading for comprehension... As I clearly stated - so called powers of citizen's arrest DO NOT extend to violations or misdemeanors. Non Peace Officer arrest power applies ONLY to an OBSERVED FELONY. Thus - a private citizen detaining someone against their will because of a parking violation is committing the offense of KIDNAPPING which is a third degree felony. Texas law holds that using, or threatening to use, a motor vehicle in the comission of an offense constitutes "a deadly weapon" thus making it aggravated kidnapping. It also holds that if there are two or more persons being held it is aggravated kidnapping. It ALSO holds that if one or more of the victims is being prevented from performing a political or governmental function - like being a volunteer firefighter or EMS worker - the offense becomes AGGRAVATED KIDNAPPING which is a FIRST DEGREE FELONY.
So to answer your question YES, I would shoot someone who attempted to unlawfully detain me as is my right under Texas law. Penal Code section 9.32 specifically lists: "(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery." as a justification for shooting someone.
A NON Law Enforcement Officer detaining someone actually creates SEVERAL justifications under Texas law for shooting them. I already covered aggravated kidnapping. They also block your ability to retreat. If they are arguing with you threats are probably being exchanged. Furthermore 9.42 grants me the right to use deadly force to protect PROPERTY. "A person is justified in using deadly force against another to protect land or tangible, movable property" Such as MY CAR.
The law is VERY specific - per 14.01 unless someone is a SWORN PEACE OFFICER - they can only detain someone for a FELONY they personally observed. It doesnt matter if they would claim they were "detaining you for being illegally parked". First of all if they have two bullets in their forehead they wont claim anything because they are dead. LOL But, assuming they did claim to be "detaining me for being illegally parked" - thats an ADMISSION OF GUILT because illegal parking is NOT a felony. (Its not even a misdemeanor) It is thus NOT an arrestable offense, and detaining someone for it is KIDNAPPING.
So - dont worry about whether or not "people like me" should have a gun. Worry about people who are too ignorant to know the law, running off as half cocked vigilantes committing felonies against those of us who DO own guns and who are aware of when we may LAWFULLY use them. The idea that you need to be reacting to a threat to your life is a potentially fatal error. It doesnt have to be a threat to my life.It can be any of the named offenses, in defense of my person, in defense of my property, in defense of the person or proprety of a third person, in defense of the rights or liberties of myself or another etc...
Case in point - Joe Horn in Pasadena Texas saw two men committing a burgulary at his neighbors home. He called 911, and was on the phone with the dispatcher when he saw them leaving, He told the dispatcher "They are leaving Ill go kill them for ya" , put the phone down, went out, and fatally shot two men on his neighbors front lawn. HE COMMITTED NO CRIME because the law here in Texas specifically allows you to use deadly force: (9.42) (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;
Don't be "scared" of "loose gun laws" just DONT ATTEMPT TO DETAIN ANYONE FOR ANYTHING OTHER THAN A FELONY YOU HAVE PERSONALLY OBSERVED UNLESS YOU ARE A SWORN LEO OR YOU RUN THE VERY REAL RISK OF BEING JUSTIFIABLY SHOT.
Frankly - even if you don't get shot or beaten into something resembling a wet prune, or run over with the car your blocking, youll still end up in jail when the cops get there... The cops don't like troublemakers. They are quite likely to "tune you up" if you escalate a private property parking lot infraction that wasnt even their problem in the first place into an aggravated kidnapping, unlawful restraint, terroristic threats, disturbing of the peace, etc.... Cops like NICE QUIET DRAMA FREE DAYS. They despise mouthy drama queens, and people who try to do their job.
Edited by KevTheBoer, 2 months ago
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