Question on legal implications of self defense.


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Ukraine Train
August 22, 2003, 11:48 AM
Two weeks ago my stereo was stolen from my car, two days later would-be thieves were scared off from the other side of my apartment building while snooping around, three days after that my friend's stereo was stolen from his truck. We share an apartment. So a couple days ago I got myself a Mossberg 500 in case someone broke into the actual apartment.

So, hypothetical situation: The stereo thieves come back and I hear them outside and call the police. Can I at this point go outside to confront them with my shotgun to make sure they don't leave before the police come? If they hop in their car and try to make a break for it can I shoot out their radiator or tires so they don't get too far? If they try to run me over and I shoot at them am I liable for their death because I was never forced to go outside to confront them in the first place?

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Leatherneck
August 22, 2003, 11:52 AM
In America,
You have the right to protect yourself from severe injury or death using lethal force. Should you do so, the consequences may differ, depending on many factors your hypothetical scenario doesn't relate. In some jurisdictions, you are entitled to protect property with lethal force, but not everywhere. You need to research extensively the consequences of using lethal force where you are.

TC
TFL Survivor

Ukraine Train
August 22, 2003, 12:00 PM
Sorry, not sure if you misunderstood or not, but I should have mentioned I'm in Ohio, not Ukraine:D

Where can I get information on all the gun laws governing a certain state? Would the state revised code cover things like am I allowed to use deadly force to protect my property? Thanks in advance.

brownie0486
August 22, 2003, 12:14 PM
A call to the AG's office in that state may yeild the answer.

I would hesitate to take the mossy out into the general public areas with intent to prevent anything as a civilian.

Worst case scenario: You confront, they do not comply, you are faced with shooting at the car to disable [ real bad idea ], or shoot one of the suspects [ really bad idea ] or you threaten them with force if they don't comply to remain there while PD is on the way [ real bad idea ].

I was not aware of any states which permitted you to defend vehicle property from theft ot vandalism.

If they are in a car, get the plate number. Take a camera out with you or have your roomy take the camera and get their picutres. Make sure you document and can articulate their features, clothes, etc for the report.

The PD is NOT going to be happy with you [ even if it is within the law ] if you confront them on your own, in public with a shotgun. Not to mention that if they do not comply, what ya gonna do? Shoot em, shoot the car?

I wouldn't do it myself, but I might try to flatten a few tires with an icepick on them so they leave the car [ prints from within later by PD ].

Brownie







Pictures worth a thousand words, no need to write further.

DigitalWarrior
August 22, 2003, 12:18 PM
See a lawyer.

Unless you are in Extreme Mortal fear for your life, there is no reason to Kill someone without trial.

Get Mosaad Ayoob's "In the gravest extreme". Escalating force. I think that you need to have shown that you played no part in escalating the situation. Even I would question an action of going outside to shoot someone, unless they were firing on you. I consider myself pretty liberal with regards to self-defense.

Consider an alternate series of events because you are at a tactical disadvantage. You go outside. You get shot. You are paralyzed. The thief flees and is not caught. Was it really worth it to stop them from stealing your car or screwing up your house? And if you do not think there is a possibility of them killing or gravely injuring you THEN YOU HAVE NO BUSINESS HAVING YOUR FINGER ON THE TRIGGER.

If they come inside you are at a tactical advantage.

Advice: stay inside, save $18,000 on legal fees

Hkmp5sd
August 22, 2003, 12:23 PM
BTW, shooting at their tires/radiator and shooting at them all equal. If you pull the trigger, you have used deadly force against them, whether you hit the car, the pavement or them.

Suggestion: Set up a video camera pointing at the cars and get them on tape messing with it. If the cops won't do anything, hand it over to the local TV news station.

treeprof
August 22, 2003, 12:33 PM
As stated above, discharging a firearm in such a situation is generally considered using deadly force, no matter where you aim, and you'll be screwed if you were not in fear of physical/deadly harm. A few yrs ago, a woman in an Atlanta suburb was charged for shooting out the tires on a drunk's car after he hit her and then tried to drive away before the police got there. She was either no-billed or found innocent at trial (I don't recall which), but she might not have been so lucky in another locale.

Graystar
August 22, 2003, 12:39 PM
First, You are not a police officer. You do not have a duty nor responsibility to hold criminals. People do it, though. Normally, when criminal behavior is so ridiculously clear that no one would question the detention, it's not a problem. But if you hold someone that hasn't done anything then you've violated their rights.

Second, holding criminals is very dangerous. Many police officers are killed with their own guns every year when a held perp decides he doesn't want to go to jail and tries to escape.

Third, depending on the state, the right to self-defense may only extend to defense of your life, and then only when in imminent danger. Actually going out to confront someone would probably not be considered an exercise of that right. So in your senario, you would probably be held responsible for any injuries you cause.

I wouldn't do it.

Carlos
August 22, 2003, 12:44 PM
you can start out a www.packing.org to read the laws of your state - Ohio.

TexasVet
August 23, 2003, 02:54 AM
You do not have a duty nor responsibility to hold criminals.

Another reason civilization will not long continue.

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