Holding a criminal at gun point

Discussion in 'Legal and Activism' started by PeteZaHut, May 7, 2011.

  1. PeteZaHut

    PeteZaHut New Member

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    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?
     
  2. Jesse17

    Jesse17 New Member

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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.
     

  3. Dzscubie

    Dzscubie New Member

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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.


    Scubie
     
  4. AusLach

    AusLach New Member

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    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 :cool:

    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?
     
  5. jgand72

    jgand72 New Member

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    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...:eek:)
     
  6. Jesse17

    Jesse17 New Member

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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. ;):D
     
  7. diggsbakes

    diggsbakes New Member

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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.
     
  8. Rick1967

    Rick1967 Well-Known Member

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    If I am in fear enough to pull my weapon, there are going to be fireworks!
     
  9. ki4dmh

    ki4dmh New Member

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    You got that right!!
     
  10. masterPsmith

    masterPsmith New Member

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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.........
     
  11. PeteZaHut

    PeteZaHut New Member

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    Wow, so many of you are pretty much saying you would commit murder if a bad guy was backing out of your house and showing no threat. And for the idea that if you don't shoot the bad guy, he could go enter some other house, you can't shoot someone based on the chance that he might do something bad, legally or morally. Some of you all need to rethink your morals and how you would handle certain situations of you want to be responsible gun owners.

    When it comes down to it, you're right, protect yourself and your family, and that's it.
     
  12. Jesse17

    Jesse17 New Member

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    No kidding? I read your post and assumed you were in Arizona, then I saw you're in Commifornia. :eek: Wow! I'm amazed they haven't passed a bill to remove that right too. It's hard to believe Mexafornia has a law that makes that much sense. :confused::eek:
     
  13. canebrake

    canebrake New Member

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    You have a BG (felony break-in) in your house and you are worried about the legality of your use of a firearm to hold him for the police to arrive??

    Problem solved, call the corner, not the cops.

    Moral issues? Remember, it was the BG that made the decision to put you and your family at risk.

    NO ISSUE for me.
     
  14. kyleytxrialover

    kyleytxrialover New Member

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    there nuff said
     
  15. m72law

    m72law New Member

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    is rosie o'donnell visiting the FTF website?
     
  16. russ

    russ New Member

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    The drunken mistake happened to me, late last year. I woke up to a dude passed out in my living room. Slightly different situation, as he posed no immediate threat to me or my wife. But his entire upper body was covered with a big puffy coat, so I couldn't see his hands, or what he might have in them. I'll condense the story to this: there was a .357 pointed in his general direction until the Sheriff's deputies arrived. Had he moved or made any threatening actions, I'm not sure the outcome would have been pretty for either of us.
     
  17. PeteZaHut

    PeteZaHut New Member

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    Exactly my point. I'm sure you're glad you didn't end his life. It sounds like most people in this thread would have.
     
  18. russ

    russ New Member

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    One thing that I learned from my experience is that you may think you will be composed and rational if/when it happens to you, but more likely you will not. Things that seem like common sense will completely escape you. And the experience will stick with you for far longer than you might think. Just last week I was nearly asleep when I heard what I thought sounded like someone kicking in the downstairs window. I couldn't go back to sleep until I "cleared" the house, flashlight in one hand, pistol in the other.

    I don't believe anyone here would truly have pulled the trigger on a passed out drunk in their house either, but until you live it, you can't really say. I know my answers to threads/questions like this changed after my experience.

    And yes, I'm glad I didn't end him for raiding my fridge. Not the Christmas memory I want for the rest of my life.
     
    Last edited: May 8, 2011
  19. diggsbakes

    diggsbakes New Member

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    I don't think anyone here would shoot a sleeping drunk! ? ! Good lord ! ! ! :eek: How could you even say such a thing sir ?! ?!? :eek::mad:
     
  20. PeteZaHut

    PeteZaHut New Member

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    Well, this is what led me to say such a thing: