Can you detain a thief at gunpoint?

This is a discussion on Can you detain a thief at gunpoint? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Guantes I wouldn't do it for anything less than a felony. Ditto. Except I probably would only do it for a violent ...

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Thread: Can you detain a thief at gunpoint?

  1. #16
    Senior Member Array Chad Rogers's Avatar
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    Quote Originally Posted by Guantes View Post
    I wouldn't do it for anything less than a felony.
    Ditto. Except I probably would only do it for a violent felony.

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  3. #17
    VIP Member Array Guantes's Avatar
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    I agree, but what non violent felony would one normally be involved (victim) of? About the only one I can think of might be a car burg. I consider robbery (armed or strongarm), ADW, home burg or carjacking all violent felonies.
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    Depends on circumstances,most robberies are aggravated,the BG shows a knife or gun and says gimme your stuff,here in Tx I will comply until he drops his guard,then grasshopper it's time to use Click Pow
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  5. #19
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    I will not detain a thief in my home...no need to do that!
    Last edited by RETSUPT99; March 13th, 2011 at 02:20 PM.
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  6. #20
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    If you are in your place of business then you would be protected by shopkeeper's priviledge. Outside of that you need to make very sure it would be worth the possible legal tangles, this is really a can of worms.
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  7. #21
    Senior Member Array Chad Rogers's Avatar
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    Would you hold an attempted purse snatcher at gunpoint? That's technically robbery (forcible stealing) but likely not sufficiently violent that I would be going to gun.

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    Quote Originally Posted by swinokur View Post

    I have a 2 million umbrella liability insurance policy for just this kind of situation. Like firearms, better to have it and not need it than needing it and not having it. Liability insurance is cheap compared to possible consequences.

    Check with your insurance company; if like mine I am covered for civil action but there is no coverage for criminal trial.

  9. #23
    Member Array RockBottom's Avatar
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    The only thing I'm using a handgun for (other than target practice) is to protect myself from serious injury or death. Anything else carries the possibility of opening a can of legal worms that I would just as soon not deal with.

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    Quote Originally Posted by RockBottom View Post
    The only thing I'm using a handgun for (other than target practice) is to protect myself from serious injury or death. Anything else carries the possibility of opening a can of legal worms that I would just as soon not deal with.
    Ok, here's some food for thought. Say you draw your firearm with all intentions of eliminating a deadly threat and immediately, the bad guy throws himself on the floor face down and begs not to be shot.

    What will you do from this point?

  11. #25
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    Quote Originally Posted by NC Bullseye View Post
    Ok, here's some food for thought. Say you draw your firearm with all intentions of eliminating a deadly threat and immediately, the bad guy throws himself on the floor face down and begs not to be shot.

    What will you do from this point?

    If and only if he does that, then I index on his ground position, tell him to spread his arms and show his hands and stay that way, watch him, grab cell phone with one hand and dial 911, describe situation in my favor, continue to watch his hands intensely, ask 911 what responding officer wants me to do when responding officer arrives. Maintain distance from perp. When siren gets really loud, I backup much further from perp and holster up and point at perp with one hand and hold the other hand up.

    If he decides to escape at any point, I let him go.
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    Distinguished Member Array kelcarry's Avatar
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    Hey Guantes and others: It is understandable that detaining someone should relate to a felony. In SC, as I stated before, if there is "just suspicion" of the perp's "design to steal or to commit some felony" and he attempts to "flee when he is hailed", you have every right to stop him including taking his life. This only pertains to nightime activities. In your home at anytime, Castle Doctrine applies and now we are talking about presumption of imminent death or great bodily injury. If someone is in your home to commit a felony, you can presume that he is a danger to you. Time and time again in SC, no prosecutions have been brought and you are not liable for any civil consequences.

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    For those of you that are considering holding someone at gunpoint, ask yourself one really important question:

    "You caught it, now what are you going to do with it?"

    If the criminal actor wants to flee, and I can remain in complete safety, I see no reason to impede his or her progress.

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  14. #28
    VIP Member Array Guantes's Avatar
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    In particular cases, like a home burglary, I am not going to let him go. He knows where I live and possibly who I am, I want me and the authorities to know the same about him re retaliation or possible future actions by him or cohorts. I've caught enough its, I'm not worried about what to do with it. Lacking that experience, I might take a different view.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

  15. #29
    Member Array JohnWFD's Avatar
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    Would not detain anyone trying to escape....as long as they were no longer threatening me or my family I would allow them to flee if they chose to do that.
    "A free people ought to be armed." - George Washington

  16. #30
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    Quote Originally Posted by gatopardo View Post
    Funny story, when i received my cc class with my wife, a lawyer explains the legalities of carrying a gun and its use in the state of Oklahoma, at some point in time someone asked the question " Can a citizen hold a suspect at gunpoint?" the lawyer said : NO so I raised my hand and I stated the obvious in my mind: "So if I canot hold him do i have to shoot him?'...
    Actually that lawyer was incorrect. I've read the statutes and can quote them later. In Oklahoma any citizen can conduct a citizen's arrest for any misdemeanor or felony they witness. The statutes also provide for the use of "reasonable force" in the apprehension and detention of the criminal. So in Oklahoma, yes you can detain.

    That being said, I'm not a cop and I don't make it my business to arrest people. If anyone were to attack me, whether in my home or elsewhere, the only thin "detaining" them would be a lack of consciousness from blood loss or CNS interruption.
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