Holding gun on someone
This is a discussion on Holding gun on someone within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by purple88yj
Check your local laws regarding citizen arrest powers. In NC, if you are not a sworn officer, you have no powers ...
January 12th, 2007 09:35 AM
...and possibly charged with felony kidnapping.
Originally Posted by purple88yj
Whatever doesn't kill you postpones the inevitable.
January 12th, 2007 01:35 PM
In Ohio, a citizen is allowed to make an arrest if he/she witnesses a felony. We can do that by using deadly force, the threat of deadly force, or any other means necessary. I wouldn't be comfortable shooting an unarmed BG who was running away, but he/she doesn't know that. Most BGs aren't so B when a law-abiding citizen is pointing a gun at them, and shouting commands.
January 14th, 2007 09:51 AM
Beating someone's car with a baseball bat is going to put just about anyone in fear for their life. It is not a common crime (especially if you're in it) and it is targeted. Unless you made an ex really, really mad, there are very few reasons a BG would want to forcibly dismantle your vehicle with sports equipment. If you are in the vehicle, I'm at the same conclusion as someone already said -- they're trying to get to me or trying to make me leave the car so the bat can be used on me. Either way, it will stop very soon.
As for why you would hold someone at gunpoint after a crime and after the deadly force encounter has "stopped"... The same reason why a cop would: There's no guarantee that he won't continue and that him dropping his baseball bat or knife would be the only weapon he has. Even worse, no guarantee (as mentioned before) that there aren't other people looking out for him that you are not aware of. You use deadly force to stop the threat until the threat is not more. That doesn't necessarily mean that once the BG drops a weapon that it's over, there is still the means and opportunity for them to do so. The only way to guarantee the safety of yourself and others is when that person is in the custody of police or when they have been effectively "immobilized" so-to-speak.
Finally, as someone else has mentioned, there is citizen's arrest. I'm actually surprised to hear that NC does not have citizen's arrest laws, they're pretty much universal. Here in AZ a citizen has the right to arrest anyone that commits an offense that amounts to a breach of peace (still trying to figure out what the heck that means), a felony, or commits a felony in your presence. Our state law even goes as far as the method that you use to arrest them, legal ability to chase after them even on private property, etc. Finally, our deadly force justification laws are very explicit. Defense of self/others for life and limb, plus exact crimes: arson of occupied structure, kidnapping, manslaughter, 1st or 2nd degree murder, sexual conduct with a minor, sexual assault, child molestation, armed robbery, and aggravated assault. Did I mention that all of those are felonies?
What it all amounts to when it comes to detaining someone is that you are bringing the person to justice. If the BG attempts to rob you with a knife and you stop him with a gun, that person has demonstrated to you that they think a complete stranger's life is not important. You let him leave, he will find someone else (I can guarantee it). That person will more-than-likely not have the means as you did to save themselves. If you want to take it to its most extreme level, you are there to prevent that BG from committing another crime -- which they will -- and I don't think that you want to think about what will happen if that subsequent encounter goes bad. Now, that's a little extreme, but it's not that far off when you think about it. Some people think about themselves as the only potential or actual victim, some people take it one step up and realize that anyone could be the BG's victim and want to prevent it from happening again.
January 16th, 2007 04:03 AM
Its life before property, so even if they are running away with your stuff you can't shoot them. At least here, in WA. Pretty sure thats everywhere in the US though.
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