Holding A Perp Until The Police Arrive

Holding A Perp Until The Police Arrive

This is a discussion on Holding A Perp Until The Police Arrive within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have read various articles on the hazards of holding a perp until the police arrive. If the person is armed and he attempts to ...

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Thread: Holding A Perp Until The Police Arrive

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    Holding A Perp Until The Police Arrive

    I have read various articles on the hazards of holding a perp until the police arrive. If the person is armed and he attempts to fire on you or he charges toward you wanting to inflict harm, I am confident using your gun in return would be justified. If the person started to run the threat is no longer present so you can do nothing, certainly not shoot the perp in the back.

    Any thoughts?
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    VIP Member Array jmf552's Avatar
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    I think holding a perp at gunpoint has to be a bluff. If he's dumb enough to stay around until the police arrive, fine. But if he goes to leave, there is nothing you can legally do.

    Personally, I wouldn't do it. Three reasons: First, if there is no longer a threat and you are still pointing a gun at him, an overzealous prosecutor might go after you for brandishing, especially if perp puts the facts in dispute and they always do. Second, if he's dangerous, I want to get distance from him. He could have a concealed gun I haven't seen and he's just waiting for me to get distracted to go for it. Third, I don't want to be holding a gun when the police show up.
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    Quote Originally Posted by BillG174 View Post
    I have read various articles on the hazards of holding a perp until the police arrive. If the person is armed and he attempts to fire on you or he charges toward you wanting to inflict harm, I am confident using your gun in return would be justified. If the person started to run the threat is no longer present so you can do nothing, certainly not shoot the perp in the back.

    Any thoughts?
    It depends, but most often, probably not. Would I be legally justified in shooting him if he attempts to flee? Is it personally worth it to me to shoot him if legally justified? If the answer to both is yes, maybe. Again, it depends. If I do decide to hold him, here's the plan:

    Holding A Perp Until The Police Arrive-police-should-here-any-minute-until-then-lets-talk-about-jesus.jpg
    "Stop being dangerous, and you become edible." William Aprill

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    VIP Member Array Struckat's Avatar
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    That is the question Bill, what will you do if they fail to comply? Shoot em in the back as they walk away?

    I am not a cop and will not try to act like one. I think itís best to not think of it as something a concealed carrier would do.
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    VIP Member Array Struckat's Avatar
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    Mike, she would be more convincing if she had the hammer cocked.
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    Quote Originally Posted by Struckat View Post
    Mike, she would be more convincing if she had the hammer cocked.
    That aside, let's talk about Jesus...
    "Stop being dangerous, and you become edible." William Aprill

    "Slaves, enjoy your freedom." Chuck Klosterman

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    Quote Originally Posted by Mike1956 View Post
    That aside, let's talk about Jesus...
    Good plan. Bore him into submission.

    Reminds me of the story about the two Jehovah's Witnesses who died and went to Heaven.

    They knocked at the door of the pearly gates and St Peter whispered....


    "Turn out the lights and everybody be quiet. Maybe they'll think we aren't home."

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    Senior Member Array Frodebro's Avatar
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    Quote Originally Posted by Mike1956 View Post
    That aside, let's talk about Jesus...
    Jesus is just alright with me.

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    If the perp flees, you become the felon should you fire. Unless the threat remains or until it renews.

    The fireman today committed multiple felonies by drawing on the open carrier and leading him away at gun point.
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    If I didn't have to fire, and thus find myself facing the scenario of gun drawn, no longer an imminent threat for some reason as it's been drawn, to fire would be using deadly force without an imminent threat of grave bodily harm or death present [ one of the 3 mandatory prongs of deadly force use ].

    He chooses to walk off, I put the gun away, dial 911 and become a great witness.
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    Senior Member Array Bikenut's Avatar
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    I am not a cop. It is not my job to enforce the law. My goal is to get the bad guy(s) to stop what they are doing to cause harm. If they stop by walking away from me then that is a win. After that it is up to the cops to watch the video I have of the incident and see that the bad guy(s) is brought to justice.
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    Check your state/county/city's citizen's arrest laws, if they have any. Here, you can only do what the police would do in a similar situation. Here you can hold someone at gun point. You can physically detain them. You can chase them if they flee. You most definitely can't shoot them if they flee. Your area has different laws, so check those out.

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    You could always give him the explicit details about your date with his mother until he gets up and charges you
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    Quote Originally Posted by BillG174 View Post
    I have read various articles on the hazards of holding a perp until the police arrive. If the person is armed and he attempts to fire on you or he charges toward you wanting to inflict harm, I am confident using your gun in return would be justified. If the person started to run the threat is no longer present so you can do nothing, certainly not shoot the perp in the back.

    Any thoughts?
    It varies from state to state......I would suggest that you read the Deadly Force Statutes of your state and memorize them......In TX there are a lot of information of when you can use deadly force......but a large number of them I would never use deadly force unless it involves a person and never property.

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    Quote Originally Posted by CrabbyOldGuy View Post
    If the perp flees, you become the felon should you fire. Unless the threat remains or until it renews.

    The fireman today committed multiple felonies by drawing on the open carrier and leading him away at gun point.
    That is really what made me ask the question
    Being Armed Is A Mindset, Not A Physical Condition - Rob Pincus


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