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Old 05-10-2011, 08:18 PM   #31
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This post has hit me where I live literally.

I live on a major highway and people here lately think they are entitled to take your property(Of course that seems to be true in town also).

Some of our listings have been stripped of copper I have been wondering what if I was there when they broke in what would I do.

I don't know but I am not judge others either.

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Old 05-10-2011, 08:57 PM   #32
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I'v given this some thought, from time to time.

In the event a BG enters my abode, and doesn't flee, or die,

he will be placed face down on the floor, hands firmly secured

behind his back(tied, taped, or zip tied) until LE arrives.

I would consider it a risk to have any BG in a position to

"make a move" while a gun is being held on him, as

this would be a shooting "after the fact", and would create

huge liability issues for me.

I'm not familiar with what Castle Doctrine states about shooting

unarmed prisoners trying to escape...

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Old 05-10-2011, 09:30 PM   #33
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It would seem much easier to supervise/contain/control a prisoner/caught felon, if said prisoner/caught felon were dead. I am not a cop, and i won't be shouting "stop or i will shoot"; any unwelcome intruders will either escape rapidly or be shot or a combination of the two.

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Old 05-10-2011, 10:22 PM   #34
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Originally Posted by PeteZaHut View Post
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?
A Pleasant Grove, Alabama resident held 4 looters (from Florida) at gun point last week until sheriff's deputies arrived to take them into custody. There are numerous stories of this type of thing reported every month by the N.R.A. in their American Hunter, American Rifleman and America's First Freedom magazines in a column named, "The Armed Citizen".

As others have said, different states have different laws. Having worked in law enforcement in (small town) Alabama for the last 21 years I've answered at least a dozen calls where the resident or a neighbor had held one or more suspects at gun point. A citizen in every state I know of may make a citizen's arrest, if there's a state where one can't I've never heard of it, nor would I live or police there.

Here in Alabama we have a law known as "The Castle Doctrine" it essentially says if you are in your own house, you may legally assume that anyone who breaks into it is considered to be a threat and you may use deadly force to stop them from harming you. There were no charges filed against the Pleasant Grove man for defending his property with the threat of deadly force. To the contrary, Jefferson County Sheriff, Mike Hale was interviewed on a local talk radio station and said, "What that man did was what the Second Amendment is all about. I couldn't be prouder of him."

In Alabama one may not resist lawful arrest, whether that arrest is made by a citizen or peace officer. That has been well established and affirmed by the Alabama Court of Criminal Appeals as well as the Alabama Supreme Court.
I highly doubt it's legal for a suspect to resist a lawful arrest in any state, but can't say that for sure.

Regarding your last "almost" argument, I'll offer this rebuttal: As a reasonable man, I can, I believe, make the argument that a lawfully armed citizen, who points a loaded weapon at a felony suspect (caught by them committing, or attempting to commit a felony) and issues clear verbal commands for him/her to lay face down on the ground/floor until police arrive would reasonably fear for his/her life if instead the felony suspect either charged him/her, or made a motion consistent with drawing a concealed weapon, and shot the suspect(s) until they no longer posed a threat.

I am not alone in that opinion. Masaad Ayoob, Director and founder of the Lethal Force Institute, retired LEO, expert witness and author of several books; stated the same thing in his book, In The Gravest Extreme.
I would call that book a must for anyone who carries or has a handgun for defensive purposes.

The bottom line is this.......ask an attorney in your state whose well versed in its criminal code, including, but in no way limited to your local district attorney and state attorney general.
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Old 05-10-2011, 10:39 PM   #35
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Quote:
Originally Posted by therewolf View Post
I'v given this some thought, from time to time.

In the event a BG enters my abode, and doesn't flee, or die,

he will be placed face down on the floor, hands firmly secured

behind his back(tied, taped, or zip tied) until LE arrives.

I would consider it a risk to have any BG in a position to

"make a move" while a gun is being held on him, as

this would be a shooting "after the fact", and would create

huge liability issues for me.

I'm not familiar with what Castle Doctrine states about shooting

unarmed prisoners trying to escape...
Unless you had someone else there to hold them at gun point (who would SHOOT if necessary, i.e. they made any sudden moves, assaulted you, etc.) you would be much better off moving back away from and to the rear of them and holding your gun on them until LE arrived. That's what they teach us at the academy.
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Old 05-11-2011, 03:59 AM   #36
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Here in Oklahoma if someone invades my home ( not my yard) , gets shot first and then he can answer some questions

If the homeowner loose focus for just one moment, his life and his family's is in jeopardy.

If the perp knows you are not going to shoot him, he's going for your gun and will take your life, because part of his job description is not to get caught.

Try tying up the perp and then listen to him telling the police how you sequestered him out of the street and tied him down.

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Old 05-11-2011, 04:06 AM   #37
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Old 05-11-2011, 01:07 PM   #38
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If someone pulls a knife on me, and I feel like there is enough distance between us where I can safely pull my gun, I will. At that instant, you have the guy at gunpoint. If he starts coming towards me, absolutely, I'm pulling the trigger until he drops. If he doesn't start coming towards me, if he just stands there frozen, I'd tell him to walk away and see what he does.
You have a lot to learn. A real knife fighter would have the blade in your gizzard before you could react. These five Nicaraguan cops took on a knife wielding man. Watch what happens at four minutes and seven minutes into the video.

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Old 05-12-2011, 12:38 AM   #39
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Quote:
Originally Posted by alsaqr View Post
You have a lot to learn. A real knife fighter would have the blade in your gizzard before you could react. These five Nicaraguan cops took on a knife wielding man. Watch what happens at four minutes and seven minutes into the video.

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I agree. I just recently recovered from a stabbing. I always thought if I encountered a knife I could generally defend myself. Guess not.

I didn't even know the guy had a knife, and after he engaged me with a punch that I blocked, he pulled one and stabbed me twice. I never even saw the knife. Surprisingly, I didn't even know I was stabbed until about 30 seconds to a minute after.

But what I'm trying to say is that, even though I don't carry a gun, if I did I wouldn't have pulled it, as I thought he was unarmed. Someone who is skilled with a knife can strike very fast, as I learned the hard way.
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Old 05-12-2011, 03:22 PM   #40
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I learned how to knife fight from a Cajun.

The most important thing, he taught me, is that

your enemy never knows you have a knife until

you've already stuck him.

So it sounds like the guy who stabbed you knew what he was doing...

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