Drawing Gun on BG, and he runs away...

This is a discussion on Drawing Gun on BG, and he runs away... within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I don't know if this has been answered before, but I'm wondering what your rights are in this situation. In the instance of a bad ...

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Thread: Drawing Gun on BG, and he runs away...

  1. #1
    New Member Array FL Vet's Avatar
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    Drawing Gun on BG, and he runs away...

    I don't know if this has been answered before, but I'm wondering what your rights are in this situation. In the instance of a bad guy breaking into your home, or outside the home you have to draw on a bad guy that tried to rob you or something similar- say they run away.

    Can you shoot them to stop them, or is that against the law?

    I'm specifically wondering about this in Florida, but would welcome any and all responses on the subject.

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  3. #2
    Member Array XsYang's Avatar
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    You cannot shoot in this situation! The threat is over if they are running away.

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    VIP Member Array chiefjason's Avatar
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    Not a good idea in NC either. Just be glad they ran off and call the cops. It's hard to prove imminent threat of death or great bodily injury when they are running away!
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

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    Member Array andersmg's Avatar
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    Ditto in Tenn. you can't shoot them if they are not an immenant danger to you, you would probably go to jail for shooting someone running away from you.

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    VIP Member Array 9MMare's Avatar
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    In WA, no can do.

    In FL I think you can. There is a basis in that the bg might be running to cover & a weapon and then continuing to be a lethal threat.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    Array Bark'n's Avatar
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    Hey Welcome to the forum! Glad to have you aboard.

    The short answer is No.

    The long answer is No, with possible exceptions.

    Bottom line is that it is generally understood that you must be in immediate and otherwise unavoidable threat of death or crippling injury in order to use deadly force against the bad guy. When a person is running away, that kind of takes the "immediate threat" out of the equation. Many, many people have gone to prison for shooting fleeing bad guys and you don't want to be one of those.

    Now there are exceptions. In some "Castle Doctrine" States... The law may be specifically written which would allow you to do so if they are (A) still inside your residence or (B) still on your property. I would research that very, very carefully for your particular State so that it is crystal clear where you stand.

    Decades ago, you used to be able to shoot what was called a "fleeing felon" but that has since been proven time and time again in court, not to be the case. It can apply to law enforcement officers in very limited cases and as for civilians... almost always no.

    Now, if they are still in your house, and even in some situations outside the house, if they are not fleeing but may merely have their back turned towards you, circumstances may be such that you are still in immediate danger of death or crippling injury and you may be still justified if you happen to shoot them in the back. That is going to be very dependent on what is happening "in the moment" and what kind of movements or verbal threats the bad guy is doing and saying. And again, how specific your "Castle Doctrine" law is spelled out for your particular State.

    Remember, even though you "say" you were in fear of your life... If it doesn't pass the smell test or what is called the "reasonable man" standard, you might find yourself in a court room explaining your actions before a jury.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    VIP Member Array dukalmighty's Avatar
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    In Texas unless he's fleeing with stolen property the answer is no,and most people wouldn't shoot even then ,just cause it might be legal doesn't mean it's morally right,Question is can you look in the mirror after killing somebody over a 30.00 DVD plauyer,and have you ever tried to hit a moving target on a city street,a shot that misses the target could cause property damage or strike an innocent person,now that 1000.00 flat screen tv doesn't seem like such a great loss when faced with those consequences
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Ex Member Array hamlet's Avatar
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    No, Self-Defense lethal acts are for only those times when you are undergoing a lethal attack. Once the perp desists from that, it's the cops job to capture him. Shooting someone in the back is not the best way to begin a Self-Defense case.

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    New Member Array FL Vet's Avatar
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    Thanks for all the replies. I appreciate all the helpful insight. It's not something that I think I would've ever done, but I was just curious about what the law is.

  11. #10
    Member Array Bandolero's Avatar
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    If you think about using deadly force only in a situation where you have a reasonable belief that it is necessary to prevent death or serious physical injury to yourself or another person, regardless of the scenario, then you are less likely to ever get yourself in a jam.

  12. #11
    VIP Member Array Hiram25's Avatar
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    You want to shoot before he runs away! I would not shoot once he's turned tail and headed out of Dodge!

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    Member Array nhcruffler's Avatar
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    What Bandolero said. When I worked for the Michigan Dept of Corrections they stressed that you could use deadly force if you felt that you could convince the average person that you where in fear of your life, for the life of another or to prevent serious property damage ( ie burning down a building ) .

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    Member Array aedinius's Avatar
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    This is almost the ideal situation with a few caveats: 1. He knows I where I live. 2. He knows I have a gun.
    Knowing is half the battle.

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    Senior Member Array Frogbones's Avatar
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    Scream prophanities to encourage the BG to about face. JK


    I'd just let'em run even if it was with a peice of junk I own.

    Though Texas allows to shoot in the back if theft is a grand theft and it's @ night. Meh...I have insurence and would probably get somthing newer/better. Be twice as ready if the joker decided to hit me again.

  16. #15
    AzB
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    What if the BG is firing as he's running?
    Az

    -- Luck favors the well prepared.

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