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Old 05-07-2011, 11:43 PM   #1
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Default Holding a criminal at gun point

I heard a news story about some civilians holding a criminal at gun point until the police arrived. I can't remember what crime the person was committing.

If someone enters your house, and you pull out your gun because you fear for your life, but then you see that the guy doesn't have a deadly weapon in his hands. Are you allowed to tell him to stay there? Does a civilian have that kind of authority? Are you allowed to tell him to stay there or I'll shoot. Obviously, any sudden movement might cause alarm, but someone slowly backing out of your house with their hands up is a different matter. I could almost, ALMOST, see the argument that if the home owner says lie down on the grown or I'll shoot you, that the bad guy when then legitimately be in fear of his life and could pull out a gun and shoot. Remember, I said almost.

Does anyone know anything about the law when it comes to this kind of stuff or have heard of similar stories?

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Old 05-07-2011, 11:53 PM   #2
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Not a lawyer, just my opinion...

It's going to depend on your state. Some states allow the use of firearms to stop almost any crime and detain the BG. If you're not in those states, who knows.

I would imagine that you could use a firearm to detain a burglar in your home in almost any state, assuming he falls for your bluff, because I am sure you would have much legal trouble if you actually shot an unarmed burglar for fleeing.

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Old 05-08-2011, 01:43 AM   #3
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And who would be there to say he was fleeing??? My house, my property, If I shoot someone there will be only one witness at the grand jury... Me.


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Old 05-08-2011, 01:53 AM   #4
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Quote:
Originally Posted by Jesse17 View Post
assuming he falls for your bluff
I can't really comment on defensive shooting, but I'd imagine if you've resorted to drawing your firearm there should not be any amount of bluff to it whatsoever

And unless the entry wound is in his back, who's to tell whether a burgler is backing out of the house with his hands up or attacking you?
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Old 05-08-2011, 03:36 AM   #5
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Originally Posted by AusLach View Post
I can't really comment on defensive shooting, but I'd imagine if you've resorted to drawing your firearm there should not be any amount of bluff to it whatsoever

And unless the entry wound is in his back, who's to tell whether a burgler is backing out of the house with his hands up or attacking you?
If the entry wound is too the back, couldn't it be said that he went towards a family member? (And you had the balls to shoot in the direction...)
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Old 05-08-2011, 03:41 AM   #6
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Hey, the question was about the legality of it, not the reality of it. If you are talking reality, well then that's what drop guns are meant for.

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Old 05-08-2011, 03:44 AM   #7
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In my eyes, the outcome of this type of situation would be dictated by common sense and instinctive behavior. If someone enters your home uninvited, I believe everyone should have the right to treat the situation in any way necessary to protect the safety of the individual and their family (or friends), whether the person has a weapon or not. What's to say the intruder wouldn't begin another attack after stopping the first one, for whatever reason?

People react differently to stressful, dangerous encounters. Once someone intentionally enters your home uninvited, the attack has begun! I (and many others I'm sure) would probably react as soon as the break in or entry occurs, so a flee may not have been an option to the intruder.

In the case that someone did not immediately shoot (or defend otherwise their lifes) the home owner (or tenant) should be able to do whatever they feel necessary to maintain control of the situation. State laws, federal laws, etc. will probably not be on the mind of anyone involved. If the victim feels the intruder is a threat, he/she should do what is necessary to protect their family. If the victim does not feel the intruder is a threat, (maybe a drunken mistake, it happened here a year or 2 ago ) then holding the intruder at gun point until the police arrive is a job well done and would be rewarded most places.

In any case. . . I would hope folks would do the right thing, first and foremost, PROTECT YOU AND YOUR FAMILY! ! !

Everything else will work itself out, but family members cannot be replaced.

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Old 05-08-2011, 04:12 AM   #8
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If I am in fear enough to pull my weapon, there are going to be fireworks!

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Old 05-08-2011, 09:38 AM   #9
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If I am in fear enough to pull my weapon, there are going to be fireworks!
You got that right!!
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Old 05-08-2011, 03:14 PM   #10
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Use of force. In my State, Bad guy breaks into my house (he is committing a felony), I have the right to make a citizen's arrest for a felony being committed in my presence, using any force needed to overcome bad guy's resistance up to and including death if necessary. Know your "Use of Force Laws" in your State. Read your State's Penal Code Book and be informed on the laws that affect you. Thats about the best advice I can give you.

Jim.........

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