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  1. #1
    nitrohead is offline Junior Member
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    Legal Implications

    Just out of curiosity, what so you suppose the legal implications of holding someone at gun point after catching the little bastards shooting out your truck windows with a pellet gun?
    Last edited by Todd; 02-17-2009 at 06:54 AM. Reason: Moved to General Area

  2. #2
    Todd is offline Banned
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    Your best answer will be to call your local PD, tell them the situation, and ask what your rights are involving detaining the suspects.

    As I am not a lawyer or a LEO, this is purely a guess, but I think you could be getting yourself into hot water since you are a) not in any physical danger and b) are threatening kids (you never said how old, it would be worse the younger they are) with deadly force over property damage. Here in NC the use of deadly force to defend property is a no-no. Aside from any legal implications, I would think in this "Nobody's responsible for their own actions, sue-happy society" we live in now, some ambulance chaser would also love to slap you with a civil suit for false imprisonment and of course, the pain and anguish you caused these model citizens. If you can, take a picture, get the best description you can, and call the cops. They may be able to nab the little SOB's while they are still riding their BMX bikes home.

  3. #3
    nitrohead is offline Junior Member
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    I pretty much already knew what the implications are, I was just venting. I posted this morning about an hour after the incedent. My neighbors called me at about 2 this morning, and said that the police was here. My neighbors, along with about 5 or 6 others on my street had thier windows shot out as well. Needless to say, I'm highly pissed off, and using your reply (and I highly appreciate your input as a logical, level-headed, law abiding citizen) in my defense, I'm not responsible for my actions (lol).

  4. #4
    unpecador's Avatar
    unpecador is offline Senior Member HGF Gold Member
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    Another aspect of holding someone at gun point is that you may be challenged and if you're not willing to shoot that person then you have no business holding that person at gun point.

  5. #5
    Sureshot45's Avatar
    Sureshot45 is offline Junior Member
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    The legal implications are huge and bad, at least in my state. Yes, I'm a trial lawyer with criminal defense experience (15 years).
    Generally, in my state, a citizen cannot use or threaten deadly force in protection of property. If you were to confront with a firearm a juvenile delinquent (or an adult) who shot out your car windows with a pellet gun, you likely would have committed a felony.

  6. #6
    mustnggt619 is offline Junior Member
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    To me the only time to brandish any kind of weapon is if it is a life threatening situation whether there will be criminal punishment or not. Windows can be replaced a person cannot. I would definantly confront them if i cought them but not with any weapon.

  7. #7
    Ptarmigan is offline Member
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    Around here you would most likely have been arrested for doing something like that.

  8. #8
    tony pasley's Avatar
    tony pasley is online now Senior Member
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    Worse case charged with Kidnapping because you were not with in your rights to threaten or restrict movement.

  9. #9
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    dont point that gun at anything u dont plan on killing

  10. #10
    DocB is offline Junior Member
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    If you were in your car I would think you would have the right to detain someone. If you saw it happen to your car most likely you would have to call the cops.

  11. #11
    wjh2657's Avatar
    wjh2657 is offline Member
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    In Tennessee it is simple: If you are not going to kill someone, right now, because they are trying to kill you, right now, leave gun holstered!

    Tennessee is same as NC: no holding anybody at gun point and no gun play to protect property. Situation above is the only time you can draw weapon.

  12. #12
    JeffWard's Avatar
    JeffWard is offline Senior Member
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    But what if they shot out the windows of your 1969 Camaro SS, numbers matching, red on black, with 25,000 miles... fully restored?

    I guess it depends on the responding officer...

    Note: The proceding post was made in jest, and should not be considered as the actual opinion of the poster... and not intended as legal advice.

    JW

  13. #13
    gnet158 is offline Member
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    Hopefully the little SOB’s still had the pellet gun in there hand when you caught them. If so (wink wink) you can say you thought it was a real handgun and only pulled your gun on them in self defense. I’m not a lawyer or a LOE but that’s what I’d use in my defense.

  14. #14
    Todd is offline Banned
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    And that kills this thread. Thanks all for playing. And remember, if your post makes gun owners look like paranoid morons just looking for an excuse or justifiable way to pull their gun on someone, or worse, shoot someone, don't post it!


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