mgkdrgn
Member
That does have the advantage to limiting the number of "stories" of the encounter to one.
Legal question- detaining suspect - NY
- Thread starter Colt Smith
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That does have the advantage to limiting the number of "stories" of the encounter to one.
Anyone who is worried that they need to keep the bad guy from telling his side of the story, should re-evaluate their decision to defend themselves with deadly force as they obviously are too immature to handle such an encounter.
Making such a suggestion even flippantly isn't what this forum is about. :banghead:
PumpAction
Member
- Joined
- Sep 13, 2007
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- 37
scottgun,
So CCW in NYS is only good for one self-defense encounter??
So CCW in NYS is only good for one self-defense encounter??
I think that if someone attack you in your property, you cannot just shoot him. You can only use your weapon if you or your family member is in danger. If someone stole your Plasma TV and runs away and you saw him in your property, you cannot shoots him because your life is not in danger. Just my 2 cents..
TexasRifleman
Moderator Emeritus
Actually that's not true, but you better be in Texas when you do it. And it's probably a good idea to have a good lawyer's phone number close.
But, technically legal in some instances.
Colt Smith
Member
Once again, the question was about detaining the BG for proper authorities while he is still breathing and without any extra holes. There is no justifiable reason to kill someone if you or another innocent person are not in immediate danger of grievous bodily harm or death.
edSky
Member
Ok, you were on the couch, the burglar comes in, you have your gun. Let's say you do issue commands and get him to get down and ...
Whether or not you get to the phone, which is your intent, he gets up quickly. He grabs a small table or a lamp or whatever he way eying and lunges at you.
You don't want to shoot him. But you might want to consider it. Even if I was a bad guy, I would feel like I was being held prisoner (and rightly so) and I would want to escape. To be honest, that's all I would be thinking of.
Is it best to back to the door before that situation unfolds, keeping him in your sights, and tell him your letting him run the heck out of there? That thought never came to me until now, but ... no harm, no foul? He certainly wouldn't want to cheat death twice, at least not in your house.
Whether or not you get to the phone, which is your intent, he gets up quickly. He grabs a small table or a lamp or whatever he way eying and lunges at you.
You don't want to shoot him. But you might want to consider it. Even if I was a bad guy, I would feel like I was being held prisoner (and rightly so) and I would want to escape. To be honest, that's all I would be thinking of.
Is it best to back to the door before that situation unfolds, keeping him in your sights, and tell him your letting him run the heck out of there? That thought never came to me until now, but ... no harm, no foul? He certainly wouldn't want to cheat death twice, at least not in your house.
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Colt Smith
Member
Of course I meant I would never consider shooting the BG... IF ...he was complying with commands. And like I mentioned earlier I guess the best thing is to make good mental notes about his description then set him free before calling the police. But....if the BG has a change of mind and advances I will put him to sleep.
edSky
Member
Colt Smith, well stated.
DeepSouth
Random Guy
I just finished his book In the Gravest Extreme where he also addresses this subject, I highly recommend the book to anyone with the "What if..." type of legal questions.
Mas Ayoob's book is good but his LF1 course is better. From a legal perspective, I have not seen anyone provide a better context for armed self defense and highly recommend it. He is an engaging speaker, thoroughly conversant with the course material and quite modest. There was nothing in his course that was contradicted by my law enforcement training, including the fact that inmates practice disarmament techniques, which I have heard from numerous police and corrections officers. For more of a sense of the foe, "In the Belly of the Beast" provides some insight into the mindset of the violent criminal. There may be people who disagree with a particular range technique Ayoob teaches but he is the first to tell people to use what works best for them. At the same time, there aren't many who wouldn't want him in the witness box on their behalf, which he does gratis for anyone who passed his course and was later involved in a self-defense shooting.
Bottom line, if you haven't been trained to handcuff someone, you don't want to be attempting to learn how to do it some adrenaline-charged night when you least expect it. While you may have the legal right to restrain someone breaking and entering, you've gotten a lot of sound advice from other posters that you may choose not to. This is very dependent on other facts and circumstances but, if your phone is not within reach, you may just want to direct him to the door, lock it behind him and then call police.
Bottom line, if you haven't been trained to handcuff someone, you don't want to be attempting to learn how to do it some adrenaline-charged night when you least expect it. While you may have the legal right to restrain someone breaking and entering, you've gotten a lot of sound advice from other posters that you may choose not to. This is very dependent on other facts and circumstances but, if your phone is not within reach, you may just want to direct him to the door, lock it behind him and then call police.
The problem with having a gun is that the civilian rarely has anything else. Police have an array of weapons and can use the one most appropriate short of deadly force (e.g., a Taser).
The "right" to make a citizen's arrest is a sham, since you have no means of effecting it.
Also, you must comply with all the rules of arrest, including reading the suspect his rights. Do you know the exact wording? If not the arrest is void and is unlawful detention.
Plus, since you have only a gun, what do you do when the suspect says, "Excuse me, kind sir, I am pleased to have met you, but I have an urgent appointment elsewhere and must leave." Shoot him and you are in trouble. Try to wrestle him and you risk not only loss of the gun, but broken bones as well.
Jim
The "right" to make a citizen's arrest is a sham, since you have no means of effecting it.
Also, you must comply with all the rules of arrest, including reading the suspect his rights. Do you know the exact wording? If not the arrest is void and is unlawful detention.
Plus, since you have only a gun, what do you do when the suspect says, "Excuse me, kind sir, I am pleased to have met you, but I have an urgent appointment elsewhere and must leave." Shoot him and you are in trouble. Try to wrestle him and you risk not only loss of the gun, but broken bones as well.
Jim
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