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Comment by weinzierl | original | Lawmakers added $1 to car insurance policies. That money paid for Flock cameras
[−]weinzierl · 2026-08-30 Sun 10:41 UTC · link
Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one.

This is very different from the law in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you.

[−]lwkl · 2026-08-30 Sun 11:06 UTC · link
> Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one.

Being attacked with a knife means your life is being threatened and using a firearm would be legal even in Germany. The response has to be proportionate to the threat on life or limb not the size of the weapon.

[−]austin-cheney · 2026-08-30 Sun 11:07 UTC · link
Search for Texas castle doctrine. The intention is to provide extreme deterrence against home invasion crimes. The liability for shooting a person, for any reason, in Texas outside the home is much greater.
[−]whstl · 2026-08-30 Sun 11:22 UTC · link
About Germany, §32 StGB doesn't require proportionality, the test is "Erforderlichkeit" or "necessity". So if you only have a gun and get attacked by a knife, you don't have to "make things even".

Of course, if someone is simply stealing a Catalytic Converter you can't really shoot them, as it's a bit much... you can point a gun at them, and possibly even shoot the air, that's easier to argue as self-defence. If they threaten you back, the situation changes.

The problem is having a gun in the outside, in Germany, good luck with that... of course, if it's someone stealing something inside your house, it becomes a home invasion, which is a completely different thing than someone stealing your property on the street.

It's way more nuanced than Texas, which has a bit more clear cut law.

[−]CWuestefeld · 2026-08-30 Sun 15:04 UTC · link
> in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you.

It's worth pointing out that night is doing some of the work in this statement. Texas is unusual, as far as I know, that darkness makes a big difference in how self-defense and danger are viewed. It kinda makes sense, because in the dark, the would-be victim is less able to fully and accurately assess the situation. So Texans need to be aware that their actions may be interpreted more harshly in the dark.