Unsure of the correct actions in this event..

Unsure of the correct actions in this event..

This is a discussion on Unsure of the correct actions in this event.. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I've been thinking about this recently and I'm a bit unsure of the better action. A friend of mine was knocked down and robbed of ...

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Thread: Unsure of the correct actions in this event..

  1. #1
    Member Array ThePilgrim's Avatar
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    Unsure of the correct actions in this event..

    I've been thinking about this recently and I'm a bit unsure of the better action. A friend of mine was knocked down and robbed of a hefty amount of money at gunpoint on the way out of his place of work a while back. Two "thugs" were responsible, one with a pistol, other with some sort of revolver. They literally took it and ran off. He wasn't CCing obviously, but by the time he would've been able to safely draw and shoot they would have been running to their getaway vehicle. By that point could they still be considered a threat since they're running through a parking lot, still with some people in it, brandishing weapons while in possession of stolen money? That isn't a justified shooting if he would've popped em both while they were "running away," is it? Trying to learn 360 degrees around CC.


  2. #2
    VIP Member Array suntzu's Avatar
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    I am not shooting at two moving targets running away from me in a parking lot with people millling about to get money back.
    Ksgunner, Taurahe, OPFOR and 11 others like this.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

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    VIP Member Array NC Bullseye's Avatar
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    Once their running away and the threat is gone bringing deadly force into play and innocent bystanders milling about would not be wise.

    Sometimes you just don't have a winning solution and that is one of those times.

    Maybe situational awareness BEFORE the robbery happened may have been able to change things but once the hand is dealt you're going to have to play that hand.
    Oldpsufan and First Sgt like this.
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    Laws vary by state, but very few allow you to use deadly force once the threat is no longer there. If they are running from the scene, most jurisdictions will say the threat is no longer there. However if they stop and turn back towards you again, well that is another subject, they have again presented a threat and I would treat it as such.
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    VIP Member Array Ksgunner's Avatar
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    I don't think Kansas law would allow it. The threat is over.

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    VIP Member Array Taurahe's Avatar
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    no its not ... they posed no threat running away. There are three ctitical elements to self defense 1) Ability 2) opportunity 3) Intent ( btheir are numerous variations of this but they all end the same.)
    In your friends situation, by the time he would have been able to draw, he the ability and opportunity of the criminals to harm was gone because they were running away and physically unable to attack him while doing so. So no, he would not have been justified in shooting them.
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
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    VIP Member Array suntzu's Avatar
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    So, under that statute, you would have to be positive that the BG's were being a threat to a thrid party....quite hard to do since they are running away and not pointing or aiming at anyone.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

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    Member Array ThePilgrim's Avatar
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    Ok, well that settles that then...just sucks that once they've done the deed there isn't much else you can do, even if they were to have beaten the crap outta you.

  10. #10
    VIP Member Array Harryball's Avatar
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    The threat in your friends situation, once they are running away are no longer a threat. Shooting them in the back could be bad. Now if they are running away and shooting back at you, then they are still a threat.

    My buddy told me once, that sometimes even the best get beat by the worst.....
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

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    VIP Member Array Snub44's Avatar
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    ...a lot of laws have been changed because the citizens of that state had had enough and impressed upon their Legislature to change things...

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    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by suntzu View Post
    So, under that statute, you would have to be positive that the BG's were being a threat to a thrid party....quite hard to do since they are running away and not pointing or aiming at anyone.
    Well, I can assure you in Texas you could shoot the fleeing robbers....aggravated robbers at that ! Not going to get into a big deabate about it...here's the statute and further, I've seen and investigated such scenes with NO indictments. Now, am I advocating such...no...it's up to the individual...do what you feel best for yourself.

    9.42. DEADLY FORCE TO PROTECT PROPERTY.

    A person is justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property;
    and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.
    Snub44, Aceoky and 1MoreGoodGuy like this.

  13. #13
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by USM1976 View Post
    Well, I can assure you in Texas you could shoot the fleeing robbers....aggravated robbers at that !

    9.42. DEADLY FORCE TO PROTECT PROPERTY.

    A person is justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.
    I know the statute for TX. I was making a statement about the OP's scenario and the Georgia Statute...but thank you anyway
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

  14. #14
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    Quote Originally Posted by ThePilgrim View Post
    Ok, well that settles that then...just sucks that once they've done the deed there isn't much else you can do, even if they were to have beaten the crap outta you.
    Even if you could shoot why would you? They are fleeing. You start shooting and they take cover and start shooting back! Now you are in a gunfight and outnumbered two to one!
    -PEF, a Framer with a Steelie...
    ~~~~~~~~~~~~~~~~~~~~~~
    1. All guns are always loaded.
    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

  15. #15
    New Member Array Bonernor's Avatar
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    USM1976, sounds to me like Texas is an awesome state to live in. Sure wish NC would follow in their footsteps!
    kaikane0812 and Maynard like this.

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