So Today My Car Almost Got Stolen

[nookandcrannycar]

Originally Posted by tooter

If it was mine, I'd be spending nights in the car quietly waiting with a gun.

Unfortunately the burglar would probably know that (in California) you would have to have a reasonable fear of great bodily harm in order to use your gun, so he might not be afraid. You could, however, have a manual gun trap set up to get him/her and if that happened to kill him/her, that would be legal (People v. Ceballos).

The current law in Texas (part of which came to this point on September 1st 2007) is that your vehicle and your workplace are included (with your home of course) as part of your habitat...and the perception of what is reasonable or threatening is your perception (not what is reasonable to others)...and only three things have to be the case to allow your assumption to be valid = 1. Have a right to be at the location -- 2. not have provoked the other person -- and 3. you must not be in the process of committing a crime yourself.

IMO, the law in California in such a situation is liberal drivel and should instead be the same as it is in Texas.

I''ve had a few people, in the process of playfully teasing me about being from California, refer to the related statutes in California as 'The California Apology'.