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Thread: Citizen's Arrest

  1. Thanks CaptAmerica! Your comment definitely added a motivating boost to my smoldering body from the inferno I had to walk through. You learn a lot from the military, and I'm sure you can testify to that. Everybody thinks boot camp changes a person. I disagree. It's the ongoing stress of military life that really develops a person's character. In my community, if we say something stupid, or do a procedure wrong, we don't ever hear the end of it. It's partly because we're all a-holes to eachother, but also because in our line of work, it's the smallest details and mistakes that can kill us in a split-second. Trying to fight your reasoning against the senior guys (who've likely made the same mistake in the past), is a losing battle. Occasionally you may have a sound argument, but for the most part, what they put out and I learn from, may save my life in the future...again.

    Being ex-military, I'm sure you know exactly what I mean. Once again, thanks!

  2.   
  3. Quote Originally Posted by wjh2657 View Post
    The laws are way too nebulous on the issue of "citizen's arrest" to get involved.
    Indeed, the laws are often very hazy. Some states have Good Samaritan laws to help protect those trying to help others. Some states have citizen arrest laws. Some states have almost nothing on the books with regards to detaining another citizen.

    I don't feel like double checking at the moment, but in Washington state I believe there is a statute on the books that authorizes citizens to use deadly force in the detainment of someone who has committed a felony. Furthermore, if I remember rightly, this is a more liberal grant of force than the police are given.

    We shall see how this plays out since there was a recent case of someone who tracked down a burglar and shot him dead after telling them to stop. There are way more details than I can get to in this post, but the rest of it is somewhere on this forum.

  4. #33
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    Quote Originally Posted by IWLAFART View Post
    I have read a lot of posts on a few gun forums and the more I read the more concerned I get. With some of the comments I feel that some should not be issued a CCW.
    I have worked in a gun store, and helped the public sight in their deer rifles. While most people should be allowed access to firearms, there are a few individuals who's access to guns, and sharp implements should be restricted. Some of the coments on this and other postings only reinforces my position.

  5. Quote Originally Posted by Booga View Post
    Indeed, the laws are often very hazy. Some states have Good Samaritan laws to help protect those trying to help others. Some states have citizen arrest laws. Some states have almost nothing on the books with regards to detaining another citizen.

    I don't feel like double checking at the moment, but in Washington state I believe there is a statute on the books that authorizes citizens to use deadly force in the detainment of someone who has committed a felony. Furthermore, if I remember rightly, this is a more liberal grant of force than the police are given.

    We shall see how this plays out since there was a recent case of someone who tracked down a burglar and shot him dead after telling them to stop. There are way more details than I can get to in this post, but the rest of it is somewhere on this forum.
    Did the man go after the robber after they had already left? I'm pretty sure in most states, even if lethal force is justified to prevent a forcible felony in progress, it is unlawful to pursue the BG if the threat has passed, and the crime already made.

    If a BG breaks into my house, or my room, and they are a threat to me, they're getting shot. However, if I come out of my room because of some noise, see a BG run off with my stuff in his hands, I'm not going to chase him down. Sure it's my stuff, and that sucks, but I've got insurance to pay for it.

  6. #35
    DO call 911, DO be a good witness, DON'T draw your weapon, DON'T carry cuffs...
    I'd rather be judged by 12 than carried by 6

  7. Quote Originally Posted by Aresye View Post
    Did the man go after the robber after they had already left?
    That is the part that isn't clear. It seems that the burglar left, then came back and was running away after being confronted. The home owner says he fired a warning shot over the guy's head. It appears that bullet drop caused the round to strike the burglar and it killed him.

    By the letter of the law, it seems like his action was legal, regardless of intention. However, I am going to guess this home owner will go to jail. It will all come down to the jury on this one.

  8. #37
    God I love living in Florida.

    I have every right to not only shoot a BG during the crime, but I can shoot his sorry ass while he is running away. In Florida they look at it this way; the BG wouldn't be shot at if he hadn't been doing the crime. The law is meant to make BG's think twice about doing the crime, and to protect the victim from stupid law suits.
    "Work Hard, Do Your Best, Keep Your Word, Never Get Too Big For Your Britches, Trust In God and Never Forget a Friend. "

  9. #38
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    Quote Originally Posted by CaptAmerica View Post
    God I love living in Florida.

    I have every right to not only shoot a BG during the crime, but I can shoot his sorry ass while he is running away. In Florida they look at it this way; the BG wouldn't be shot at if he hadn't been doing the crime. The law is meant to make BG's think twice about doing the crime, and to protect the victim from stupid law suits.
    Then you should try Kentucky;

    No license needed to OC, in Florida you do.

    No three day waiting period for purchase, if you pass the NICS, your good to go. Although that's up to the county.

    If someone is caught carrying a concealed weapon without a permit, it's a felony of the third degree in your state, which means you can never own a gun again. It's a class A Misdemeanor in Kentucky, so you'll pay for the mistake but you'll retain your 2A right.

    It gets worse....

    Also, if you shoot ANYONE in the back unless they are raping, kidnapping or getting ready to kill someone, your going to prison. You can forget about that "deadly force to prevent a forcible felony" bit. If they are running away, your not preventing the felony anymore and you will go to prison.

    Might want to check your statues again and then come on up to Kentucky and really enjoy your 2A.

    Hell I think the only state better then Kentucky is Vermont, they even let you conceal carry WITHOUT a license. Now that is freedom.

  10. #39
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    Quote Originally Posted by Unfettered Might View Post
    Then you should try Kentucky;

    No license needed to OC, in Florida you do.

    No three day waiting period for purchase, if you pass the NICS, your good to go. Although that's up to the county.

    If someone is caught carrying a concealed weapon without a permit, it's a felony of the third degree in your state, which means you can never own a gun again. It's a class A Misdemeanor in Kentucky, so you'll pay for the mistake but you'll retain your 2A right.

    It gets worse....

    Also, if you shoot ANYONE in the back unless they are raping, kidnapping or getting ready to kill someone, your going to prison. You can forget about that "deadly force to prevent a forcible felony" bit. If they are running away, your not preventing the felony anymore and you will go to prison.

    Might want to check your statues again and then come on up to Kentucky and really enjoy your 2A.

    Hell I think the only state better then Kentucky is Vermont, they even let you conceal carry WITHOUT a license. Now that is freedom.

    Alaska is right up there with Vermount. I'm pretty keen on their firearms laws as well.



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  11. I was working security at a club in the 70's and a guy started hitting his wife. I walked over and asked them to leave and he takes a swing at me. I restrain him and the next thing I know she has a handful of my hair. He starts to get up and I kick him in the head and he goes down. I finally get her loose and calmed down and throw both of them out. So it shows you if you can just call the LEO you're better off.

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