Shooting At Fleeing Robbers
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Thread: Shooting At Fleeing Robbers

  1. Shooting At Fleeing Robbers

    So if the thieves have left the store, and you shoot at them while they're fleeing the scene, are you within your rights?

    Apparently so...

    Armed Waffle House robbery victim fires back, but was he within his rights? | khou.com Houston

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  3. #2
    Join Date
    Aug 2009
    Location
    Lumberton, North Carolina, United States
    Posts
    16
    Not in North Carolina. After the threat is over, there is no justification.
    Turn Adversity Into Advantage NC Hunter Safety Instructor
    NC Conceal Carry Instructor

  4. Same here in NH as in NC.

  5. #4
    In some states you may fire at a fleeing felon and in some you cannot.

    In most states you are responsible for bystanders that you may hit.

    Know your state laws and use your head.

  6. #5
    I thought tennesee vs garner set nationwide precedence against shooting at fleeing felons....,.

  7. #6
    That only applies to LEO's

    -Doc

  8. The Supreme Court case you reference is about the constitutionality of state actors using deadly force. A private citizen is not restricted by the 4th Amendment.

    As an example, a state can pass a law that allows a private citizen to use deadly force against someone who simply trespasses on their property, even if it isn't posted. As ridiculous as that law may be, a private citizen could then shoot someone without criminal liability.

    A state couldn't authorize a government actor to do the same as it would violate the 4th Amendment.

    The Constitution only restricts government action.... not private action.

  9. #8
    For one second take a look at the facts. He fired 15 rounds at someone who was no longer a threat at the time. What hapened to all those bullets? As a former victim of a drive by shooting i can tell you, bullets go a long way. They go through walls and windows. Who knows where they finally stop. And a small round like a 9mm may hit something small and go in a totally different direction.
    This man waited for the threat to pass, went to his car where he had his weapon, then persued and shot at someone that was far away and fleeing.
    He have been within his legal rights but i think (and just my personal opinion) he was wrong.

  10. I agree with you... that was reckless.

  11. #10
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Depends on the state. I recommend knowing the laws on this subject in your state. While some states are lenient in this area others are grey. Many district atorneys will send it to a grand jury. We sure don't need the legal bills that will follow so we always use prudence instead of anger or emotion when dealing with these situations. I teach my stuents to remain calm and keep your head.

    In NYS if your attacker disengages and flees you must let him go unless doing so places others in immenent danger. An example would be if you're sitting in the mall waiting for your wife and and a nutjob enters and starts executing people, even though he has not threatened you in any way or has disengaged from you, you may use deadly physical force in defense of the innocent persons nearby.

    Otherwise you may not pursue your attacker. A typical example would be an attempte home invasion where the subject enters, sees you pointing a gun at him and flees. If you pursue him down the street and shoot the courts may view this as a second incident and you may be indicted.
    GOD, GUNS and GUITARS

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