Repo Man Scenario

Repo Man Scenario

This is a discussion on Repo Man Scenario within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I will be moving to the Twin Cities, MN area this summer. I have my non-resident Utah CCL. Therefore I'm legal to carry in ...

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  1. #1
    Member Array USAFtrevor87's Avatar
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    Repo Man Scenario

    So I will be moving to the Twin Cities, MN area this summer. I have my non-resident Utah CCL. Therefore I'm legal to carry in the state of MN. I just got a job Repossessing cars, boats, motorcycles, etc... I will be carrying because I know I would be PO'ed if someone came on my land and tried to take my stuff, even if I haven't been paying it. I know I'll probably catch some flack for my career choice, nobody wants to be "that guy" but it pays the bills, so there's not a whole lot I can do. K so I have a quick scenario for you guys; chances are it will probably happen; depending how long I stay with this company.

    If someone comes out of their house and is all PO'ed cause you're bout to take his car or whatever. So the guy is all ticked off; and he pulls out a taser gun. Then he points the taser gun at me; am I justified to draw and fire?

    I could understand all arguements:
    1. Well it isn't deadly force. So you cant shoot the guy.
    2. Does a taser constitute "major bodily harm"? And how do I know whether or not the guy is going to taser me n take my weapon?
    3. What if I mistake the taser gun for an actual gun? Then I would consider myself justified because I thought he was going to shoot me.

    Just wanted experienced and seasoned insights into the matter. Thanks guys


  2. #2
    VIP Member Array 9MMare's Avatar
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    A) I'd ask a lawyer who knows your state gun laws.

    B) If you can get out of the way of that or any weapon, then that is what you need to do. It is not deadly force if you can remove yourself from it's range.

    From what I've seen, a taser doesnt look like a gun, however you cant assume anything when you see someone 'drawing'.
    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)

  3. #3
    VIP Member Array Janq's Avatar
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    Shouldn't your employer be providing you with training and a paper based guide of company regs as well as state law toward the questions you ask and much more on how to interact with and handle customers as well as what to do and not to do under various conditions?

    If I were your boss/the business owner that is what I'd do.

    If no such info is provided then I myself being one who looks out for number one and not depend on others to do so for me, would wonder why it is the employer has not done so.

    You may want to ask your employer my question...and/or approach an attorney and ask them the question you have here.

    Because when stuff goes down, and in your profession it's just a matter of time, what will you tell a judge or jury?
    Oh well what happen see is I posted on this web forum for gun owner and what they told me was...

    $0.02 street

    - Janq

    "An ounce of prevention is worth a pound of cure." - Ben Franklin, Wise Guy
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  4. #4
    VIP Member Array 9MMare's Avatar
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    Dang you Jang! I originally had "employer' as A, but then I figured if it was me and it came down to legal issues, I wouldnt leave it up to my boss.
    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)

  5. #5
    Member Array StcLurker's Avatar
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    if someone comes out while you are repoing their car, you are doing something wrong....just saying

    yes I've taken peoples cars before (private property impounds). if you are quick you can be in and out in about 2 min for a simple hook and book. if you have an auto loader, make that about 30 seconds.
    Quando Omni Flunkus Moratati

  6. #6
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    Many if not most states have "peaceful repossession" laws, where your sole and only lawful recourse upon being confronted by the debtor is to leave.

    And, as noted, if you're making contact with the debtor, you've done something wrong in your approach.
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  7. #7
    VIP Member Array zacii's Avatar
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    Whatever you're repossessing; isn't worth a deadly confrontation for either party.
    If you're a professional, isn't there a standard operating procedure for situations that go awry?
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

  8. #8
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    Quote Originally Posted by 9MMare View Post
    Dang you Jang! I originally had "employer' as A, but then I figured if it was me and it came down to legal issues, I wouldnt leave it up to my boss.
    Are you, in fact, an "employee"? As in your boss takes out Tax, Soc. Sec. etc from your wages? Will give you a W-2 at the end of the year?
    Or are you a contractor for this guy? He pays you $X for each item repossed and isuues you a 1099 for payment received?

    If he indeed withholds and gives you a W-2, than you are an employee, and he bears a larger responsibility for any legal repercussions. However, if you are technically a contractor ( No withholdings and a 1099), then the responsibility falls more on your shoulder to know the limits and legalities of any armed response, etc.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  9. #9
    Member Array Bandolero's Avatar
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    Quote Originally Posted by USAFtrevor87 View Post
    So I will be moving to the Twin Cities, MN area this summer. I have my non-resident Utah CCL. Therefore I'm legal to carry in the state of MN. I just got a job Repossessing cars, boats, motorcycles, etc... I will be carrying because I know I would be PO'ed if someone came on my land and tried to take my stuff, even if I haven't been paying it. I know I'll probably catch some flack for my career choice, nobody wants to be "that guy" but it pays the bills, so there's not a whole lot I can do. K so I have a quick scenario for you guys; chances are it will probably happen; depending how long I stay with this company.

    If someone comes out of their house and is all PO'ed cause you're bout to take his car or whatever. So the guy is all ticked off; and he pulls out a taser gun. Then he points the taser gun at me; am I justified to draw and fire?

    I could understand all arguements:
    1. Well it isn't deadly force. So you cant shoot the guy.
    2. Does a taser constitute "major bodily harm"? And how do I know whether or not the guy is going to taser me n take my weapon?
    3. What if I mistake the taser gun for an actual gun? Then I would consider myself justified because I thought he was going to shoot me.

    Just wanted experienced and seasoned insights into the matter. Thanks guys
    There is no shortage of law enforcement agencies that teach their people that somebody trying to take their firearm from them can be grounds for using deadly physical force. Some agencies have extended that to include trying to immobilize the LEO, because it is not unreasonable to assume that the taking the weapon comes next. I am unable to provide any cites however.

  10. #10
    Member Array Blownsvt's Avatar
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    Being from MN i would suggest that in the scenario you described you would be within your right to draw and probably even point your firearm at the individual. It is a tough call however on whether or not you can pull the trigger. The laws in this state are pretty screwed up if you ask me. The term "fear of great bodily harm" is so subjective. Is being tasered great bodily harm? I guess i would think it could be since there is a chance of death from being tasered although it is rare. It could also come down to the person holding the taser. if you are 6'5 and he is 5'7 and 135 lbs you might have an even tougher time with your argument. If it is me I am probably going to retreat and come back for the property with law enforcment present.
    I LOVE ME SOME HK's!

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  11. #11
    Senior Member Array youngda9's Avatar
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    How can you be sure it's a tazer? Looks like a gun, right...

    What happens to your gun once you're tazed...does it get taken from you and used against you.

    People have died (heart attack) from being with a tazer...

    Just my $0.02
    Speak softly, and carry a big stick.

  12. #12
    VIP Member Array MitchellCT's Avatar
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    How coincidental that a repo-man/debtor use of force case came into my office yesterday.

    I'm representing the debtor on criminal charges. While I won't go into detail, I will say this:

    People.

    You need to take a use of force and the law class. This is very situational, and requires competent, up to date instruction and updates.

    You can ask all the questions you'd like on the net, and you may even get the right answer sometimes...but until and unless you get the correct legal advice from someone, you are walking into a situation which you may not be prepared for.

    The fact everyone does it all the time without trouble is not going to save you when the situation goes south and you exceed your limits.

    A self defense and the law class will save you thousands on legal fees.

    For those of you that think you know what to do...consider that you may not know what you don't know - and that's going to cost you.

  13. #13
    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by MitchellCT View Post
    For those of you that think you know what to do...consider that you may not know what you don't know - and that's going to cost you.
    Can't argue with that, but then again there's never going to be a lawyer around to help you decide for sure whether you're good to draw the gun or fire it. Even if you did have a lawyer right there on the scene, who's to say how good he'll be at predicting the jury? I'd say that if you're asking is it legal, you probably already know the answer. It's the wrong question.

    Are you or someone else about to die? Can you survive and live with yourself if you don't act this instant? Is there any other choice? After that, what does it matter whether it's legal or not?

  14. #14
    Member Array MountainPacker's Avatar
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    Quote Originally Posted by USAFtrevor87 View Post
    So I will be moving to the Twin Cities, MN area this summer. I have my non-resident Utah CCL. Therefore I'm legal to carry in the state of MN. I just got a job Repossessing cars, boats, motorcycles, etc... I will be carrying because I know I would be PO'ed if someone came on my land and tried to take my stuff, even if I haven't been paying it. I know I'll probably catch some flack for my career choice, nobody wants to be "that guy" but it pays the bills, so there's not a whole lot I can do. K so I have a quick scenario for you guys; chances are it will probably happen; depending how long I stay with this company.

    If someone comes out of their house and is all PO'ed cause you're bout to take his car or whatever. So the guy is all ticked off; and he pulls out a taser gun. Then he points the taser gun at me; am I justified to draw and fire?

    I could understand all arguements:
    1. Well it isn't deadly force. So you cant shoot the guy.
    2. Does a taser constitute "major bodily harm"? And how do I know whether or not the guy is going to taser me n take my weapon?
    3. What if I mistake the taser gun for an actual gun? Then I would consider myself justified because I thought he was going to shoot me.

    Just wanted experienced and seasoned insights into the matter. Thanks guys
    If he pulls a taser, leave. Come back with the police.

    If you shoot him, I think you'd be in a lot of trouble.

  15. #15
    Member Array DZcarry's Avatar
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    What is your company policy? Can you even carry on the job? Those are the first questions. After that you need to review the laws of the state and seek the advise of a lawyer.
    Proud Lady Blue Dog

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