Incident Questions

[CCWINNC]

Need some advice here.

Synopsis: A person whom you hired to do work in your house is caught via nanny cam snooping through your belongings. Action: you confront the person with weapon drawn. Due to the location that they are snooping contains a weapon and you are not sure if the person now has control of said weapon. You order the person out of the residence. Does the offender have the ability to file assault charges?

[DefensiveCarry.com]

[Ram Rod]

Synopsis: A person whom you hired to do work in your house is caught via nanny cam snooping through your belongings. Action: you confront the person with weapon drawn. Due to the location that they are snooping contains a weapon and you are not sure if the person now has control of said weapon. You order the person out of the residence. Does the offender have the ability to file assault charges?

I would think that's a good possibility.

[snowdoctor]

I think he has the ability....I am not sure why you would confront with your weapon drawn, unless you feel this person is violent or you are in fear of great bodily harm....snooping isn't really an agressive act.
seems to be more to the story.....

[Jaystekan]

UNless they are making a direct-threat, yeah I think they would probably have the ability to file charges, well anyone can file charges, whether the said charges stick is another story. However, unless you see the gun in their hand, I don't think you have the right to draw on them. You invited them into your home, so they are not trespassing, they are not brandishing a weapon at you, they are of no real threat as of yet, so yeah they can file charges. Now if they actually had the gun in hand, then obviously, you would be justified to draw on them. Them simply being in the same area as a gun doesn't give a person the right to draw their gun on the person.

Disclaimer: I am no law expert, not a police officer, not a DA, simply an educated guess.

[Cthulhu]

Gonna depend on your state laws, first and foremost.

Far as I see it, in FL, since you've hired that person, they have a right to be there, so you can't confront them w/ weapon drawn. You have video...give it to the police.

If they were in your house when they weren't supposed to be there (or a stranger that has no business being in there at all), that's a different ball o' wax.

-JT

[Cakewalk]

Moral of the story: Lock your guns up if you're not in direct control of them.

[Rob72]

Does the offender have the ability to file assault charges?

"Check state laws, etc., etc..." I would say that it is unlikely, as long as you file a report first. Get documentation as to why you felt the threat of lethal force was justified; namely the preservation of familial and community welfare by preventing the individual from accessing a firearm.

If you kept your wife's 640 in a sock drawer, go spend $60 at Walmart, and buy a finger-pad safe to put it in. This way, you will be able to demonstrate responsible remedial action. Do the above promptly.

[T Bone]

Not a legal eagle, and I didn't stay at a Holiday Inn Express last night....

My gut says that this person violated no law, committed no crime. They did however viloate your trust, and for that you certainly had every right to fire them.

As for confronting them with a weapon, I'd say that is subjective at best. You feared they may have illegally acquired your stored weapon. This based on the fact they would route through an area they had no business being (leads to the assumption the purpose for snooping was to find something to steal).

If they stole, how far might they go to keep from getting "caught"? Would they use the weapon? This would I think have to be the line of reasoning that led you to respond with a drawn weapon.

Might come down to whether you pointed your weapon, or simply had it in your hand (more a brandishing thing than assault I'd say).

Sounds like it could go either way, but I somehow doubt they'd get a prosecutor to go hot and heavy after such a charge. If they did, I'd expect a very good plea bargain (with the help of a very good attorney) would get you off without any time, any felony conviction and probably without any violet crime conviction whatsoever.

For future reference, I am sure you've already learned several lessons from this. A weapon in hand, behind your back could avoid any possible charges (they didn't draw, you didn't produce a weapon). A proper method of securing the firearm from unauthorized access (if you give someone access to the house, they have access to the weapon, unless there is a locked door, gun lock or locked drawer/storage box involved, they have access). Such access must be controlled and restricted (if they defeat any such lock, the onus is now MUCH more on them, than on you!).

ETA: As Rob said above, file a report before they do. Often the first to call the police wins!

[CCWINNC]

Took your advice and called the PD and explained in detail the incident. They said it did not qualify for a police report. They also said that the guy could go to the magistrate and claim assault but that the chances of it going anywhere were slim.

[GOPony]

sounds like you have your answer, but i really belive this would depend on where you are at. Especially due to castle laws. Personally if i was carrying i would have asked the person to leave and been ready to draw if they chose to esculate it. Regardless of if you invited them in, once you ask them to leave they must do so (at least here) otherwise they are tresspassing, if they tresspass and then do an aggressive act, then draw

[CCWINNC]

My concern with waiting to draw was that the gun was possibly already in his hand and I was not sure of his intention. I.E. stealing it or shooting me with it. Turns out my wife had left it at her mothers house. (unknown to me at the time.) I do have a finger safe in the room and placed all weapons(besides mine) in it prior to letting them in. It is then i knew her's was not in the safe. I did not bother to check her drawer to see if she had forgot it or had it. Next item recorders for security cams.

[dukalmighty]

I usually don't let people in my house that aren't trustworthy,and there are places that are off limits,If anybody gets back into my bedroom they didn't get lost on the way to the bathroom,and I would promptly tell them to leave

[Thumper]

I don't know the law in your state but I don't think I would have drawn a gun on this POS.

[calmp9]

Need some advice here.

Synopsis: A person whom you hired to do work in your house is caught via nanny cam snooping through your belongings. Action: you confront the person with weapon drawn. Due to the location that they are snooping contains a weapon and you are not sure if the person now has control of said weapon. You order the person out of the residence. Does the offender have the ability to file assault charges?

Why would you confront him with your weapon drawn? If there is no reasonable threat of death or serious bodily harm, that can be considered brandishing. Based on the information you gave us, I would think that he can file charges.

[Janq]

Moral of the story: Lock your guns up if you're not in direct control of them.

Bingo.
So simple a solution too.

Agreed with others the person could call the cops and file a crazy man with gun complaint and would likely succeed in at a minimum having you arrested for assault and brandishing/display of a firearm to intimidate.
Conviction would likely stick as well.

How about close and lock the door to your rooms where valuables are kept.
There is no reason not to do so especially with unknown character workers in and about your residence outside of your direct monitor and management.

There are laws for a reason and that includes protecting people, citizens, from yahoos doing whatever they feel with emotion to anyone at any time in anyplace they feel it warranted.
Pulling guns on people and thus threatening _lethal force!_ against persons in your home when they are not trespassing (you invited him/them in) nor causing imminent danger to yourself or others there in is not warranted.

Our jails, prisons, and courts are over crowded as it is with unthinking and unreasonable muchless unlawful thinking people.
Think before you act, or rather react. Your freedoms are act stake.

- Janq