How to stop a car break-in... W/O drawing

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I was thinking the other day, as I was closing up where I work, what would I do if I found someone breaking into my car. Where I work is not the best part of town and I would not be surprised to come out to my car one evening and find some ne’er-do-well enacting his social wealth-redistribution plan in my car (why I don’t leave a gun in my car). I am allowed to carry on the job, however, in my state it is not legal to use a gun to prevent theft, and pointing a gun at someone is considered assault.

So here is my proposed solution to catching someone in the act of breaking into my car, please feel free to run it through the wringer (politely).

I would first clear my shirt over my IWB holster and put my hand on my gun in that police “ready to draw” stance incase the BG comes at me (and to let him see that I have a weapon). In a ‘command voice’ I would say, “GET OUT OF THE CAR AND LAY ON THE GROUND! PUT YOUR HANDS ON YOUR HEAD!” I would stay back at least 7-10’ incase the BG makes a grab for me and if he attacks my first moves would be to back up and get around behind the bumper to put the car between me and the BG.

If the BG complies with my command I would tell him that he is under arrest (I don’t think that you have to tell someone that it is “citizen’s arrest”) and then call 911 while keeping a position that I can observer the BG. I would tell the 911 operator, “I have caught someone braking into my car. I have placed him under citizen’s arrest and I am holding them at [my location], please send the police. I have a concealed weapon incase he does anything dangerous.”

I would then tell the BG to remain on the ground and I would find a spot a decent distance away where I could watch him and wait for the police.

I have found that if you act like you have authority people will believe you. At no time would I draw my gun unless the BG came at me. If the BG ran, I would let him go and file a police report. I would never use threats like “or else” or “I will shoot”. I would only give commands, and if the BG tried to talk I would respond with “be quiet” or simply stonewall him. I would never say that I would shoot him if he tried to leave (because I can’t legally), but I would never say that I wouldn’t.

I think that most normal BGs would obey my commands out of the self-imposed belief that I might shoot them. A few would take off running (and I’d let them go), and only a small percentage would attack (at which point I would retreat, draw, and defend myself).

So… what do you think from both a tactical standpoint and legal? If I never draw my gun and never verbally threaten, I think the most that they could charge me with is brandishing. Keep in mind that this is entirely hypothetical and I just want to see what more experienced people have to say about the scheme that my over-active imagination cooked up.
:rolleyes:
 
If you wanna play police...

...You should join the academy. Your first move should probably be to get yourself into a safe position where you can see what's going on around you, in case the BG has a buddy on lookout duty. The shouted commands bit loses some authority if you're coldcocked from behind by BG#2. You then need to get on the phone and call police, and concentrate on getting the mutt's description for the cops. You should not draw or even show your weapon unless you are directly threatened. You might think flashing your piece will help, but if the BG has a gun of his own, or is loaded on dope, you and the situation are at the mercy of this guy's (not yours) mental state. And BTW, I know that in many places, a brandishing beef can cost you a suspension of your CPL, ans a second will get it lifted for good...
 
Clipper - how's this:

This scenario is always one I chew over because it comes up often in discussion, and is one I personally fear from a liability point of view. The scenario is a little different. In this one you hear your car alarm go off at 3am and you grab your firearm in any home distrubance and go outside to look. You can't see your car directly from your windows because it is in front of a garage with no line of sight.

You find 2 perps busting into your car. Just when they see you, one begins to walk fast your way. You say "STOP" and he continues to walk right to you. It's dark, it's 3AM, and it is hard to see if he has anything in his hands. You yell "stop, I am armed" as you begin to try to retreat, but he is now within 5 feet of you. He doesn't seem to see your gun or care. You shoot. He falls, the other runs. Turns out he didn't have anything in his hands.

Fair shoot? Legal problems? You were not shooting to protect your property (personally I wouldn't - it's not worth the strain over just a car), but for what was percieved as an immediate threat to your safety.

Police going to believe you? Family of perp going to sue you saying it wasn't self-defense and was negligent?
 
Uh, I hate to burst your bubbles, but I'm a 47-year-old woman with a bad knee and I've run off would-be smash-and-grabbers at least twice...unarmed. (This was before I had my CHL and carried, as I do now.)

Smash and grab is an epidemic in Austin, and the ones I've seen doing it in my area are always hispanic and perhaps illegals. They specialize in smashing the window when no one's looking, then running off with valuables.

Anyway, all it took to run them off was running up behind them yelling REAL LOUD "Hey, what are you doing looking into my truck???" and waving my arms animatedly.

Both times, they immediately jumped back and ran straight to their car and sped off.

The MO in my area is for them to park right beside you, and use their car as cover. Thus, when I see a car park right beside me and my Explorer is the only vehicle there...I get very suspicious.

These guys struck me as scared rabbits.

I should mention that in both cases, they had not broken in yet, were just casing...and it was broad daylight. I might not be so bold if it were at night, unless armed, which I am.
 
Anyway, all it took to run them off was running up behind them yelling REAL LOUD "Hey, what are you doing looking into my truck???" and waving my arms animatedly.

Both times, they immediately jumped back and ran straight to their car and sped off.

Tam that's true for most of these losers - but what do you think you are going to do with that one crazy meth guy who comes at you? You prepared for that?
 
I would stay back at least 7-10’ incase the BG makes a grab for me and if he attacks my first moves would be to back up and get around behind the bumper to put the car between me and the BG.

You are aware that it takes the average person less than 1.5 seconds to close 21 feet from a dead stop, correct? That it's a commonly known fact that a person standing 21 feet away can close that distance and hit/stab/tackle an officer before he can draw his weapon and fire it, even if he knows it's coming?

7-10 feet is WAY too close. If they decide to attack, you won't have time to draw your weapon, making it completely useless.
 
Yes, I am familiar with the 21' rule. The way that the area where I park is set-up, the BG would notice me well before I got within 21' unless he was allready in the car working on the stereo or hot-wiring. If I did manage to get that close w/o being noticed, 7-10' would put me by the rear bumper (it's an SUV). The person would have to exit the car to come at me would still have to round the bumper, which cost them speed and momentum. In the mean time I would continue retreating around the car until my gun was clear.

And yes this is all fantasy. What I am more interested in is, assuming that the perp is not a meth-head, do you think that the firm verbal commands might work or should i just run up yelling and waving my arms?
 
Odysseus>>>

...It's all relative. For instance, I'm 50 years old, overweight, diabetic, and have heart disease...A 17 year-old in good shape is a deadly threat. Some doper that's half again your size is dangerous, but keep in mind that you'll likely be asked if you could have retreated back indoors, and even if you couldn't, you better be able to make that story fly, 'cause some assistant prosecutor will likely try to use you as his first step towards the governor's mansion. And yeah, you'll hear from the family's lawyer. The shooting will be the easy part. Your CCW instructor probably gave you some speech about being mentally prepared to take a life if necessary, but I personally think that if I'm put in the position of having to shoot some idiot who's too stupid to keep himself from doing something so heinous that he needs to be shot, that I doubt if I'll have that hard a time dealing with it... The real fight will be in civil court when the family that probably hasn't thought about this loser in 15 years is suddenly 'devastated' by his loss...
 
I would never try to 'arrest' someone. Prolongs my presence in a dangerous situation and ensures that I'm gonna have to deal with police--and, I've got no problem with police, but if they pull up and I've got a visible gun and there's a guy on the ground, that's a situation that's gonna take a lot of explaining.

If I'm more than 30-40 feet or so away, depending on situation, I think I'd just yell something tart about getting the -ahem- away from my car. Closer than that, and I put my hand on my gun (in pocket or holster), then yell. My object is to get him to leave. If he doesn't comply, and he doesn't yet know I have a gun, I'm going to let him know I do. In my state this would probably amount to illegal brandishing, but (and this frequently gets overlooked, I think) the guy breaking into my car is probably not a cop or a lawyer. He doesn't know the law, and he obviously doesn't care about it. There's presumably no-one else standing around, or is the guy going to continue to break into my car in a crowd? I've given him a fight or flight choice. If he flies, good. If he fights, well, it's gonna be a short fight.
 
I caught some guy trying to slim jim my car once.
I managed to stop him without drawing a weapon by delivering a good sharp kick to the creep's back.

Creep went down, car wasn't broken into, justice served.
 
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