LewSchiller
New member
The absolute BEST outcome would be the guy walks out without you firing a shot. Let the cops deal with the guy. You and the insurance company deal with the broken up store. You go home at night
A'yup
The absolute BEST outcome would be the guy walks out without you firing a shot. Let the cops deal with the guy. You and the insurance company deal with the broken up store. You go home at night
You can tell him to stay, but, in my opinion, if he decides to leave, you don't really have many reasonable option for stopping him that won't cause you more trouble than it's worth.But...the store owner held the would be thief at gunpoint waiting for police.
Is that kosher?
If you're smart? Not much other than stand there and watch him leave. Get the license plates of his vehicle if you can, otherwise just get a description and note which way he goes so you can tell the police when they get there.The only thing to think about is, what do you do if the guy later decides he doesn't want to be held at gun point anymore. If he first submits, drops his weapon, and lies down on the ground. He is no longer posing a threat and you have little to no justification to shoot him anymore. He then decides he's not just gonna sit here and wait for the cops. Calmly stands up and starts walking away. He's walking out of the store, still posing no threat. What are you gonna do?
As long as I'm reasonably sure of a fairly rapid police response, I'd probably tell him to get on the floor and not to move. If he obeys, that's great. If he decides to leave, he'd better do it without coming my direction. If he does leave, I'm just going to watch him go, keeping him covered as he walks out.Tell him to drop the merchandise and get the hell out of here.
I'm glad it worked out the way it did.The first look he got was the BG holding a gun and a bat. He didn't see the knife.
Manager drew and yelled.
If you think shooting someone who is running away from a crime scene is justified, you're going to spend a lot defending yourself in criminal court and then lose whatever else you have left in a civil judgement in the unlikely event that you manage to escape conviction in the criminal prosecution.He might have run out of my shop... he would have had a large hole in him..Justified, damn right!
All you do by saying things like this is give more ammo to the people who think our guns should be confiscated and that we should have no right to defend ourselves.Dirty Dan posted
He might have run out of my shop, when ordered to stop and lay face down on the floor, but the police would have had no problem finding/identifying him, as he would have had a large hole in him..Justified, damn right!
It's VERY important to understand that the law differentiates between "physical force" and "deadly physical force". The former may be legal under the OR statute to "arrest"/detain depending on the circumstances, the latter is definitely not....physical force...
According to Oregon statutory law, the manager - or counter clerk, for that matter - can 'arrest' a person attempting to rob or burglarize the premises.
http://www.oregonlaws.org/ors/133.225
Also in Oregon statutory law, a private person making an arrest under the above statue may use physical force as needed to keep the arrested person from escaping. (The general rule under court decisions is the force used must be 'reasonable' - what ever that might mean.)
http://www.oregonlaws.org/ors/161.255
Of course, the arrested person can always bring a tort law suit later. Which will also typically happen in a shooting as well.
Now, not all states have 'private party arrest' laws. Nor do all jurisdictions 'like' it. Check local listings.
I understand that, in most jurisdictions, lethal force requires three elements to be considered lawfully used:pelican said:What if the gun store manager thought the guy was going to break the glass with the baseball bat, and then grab a gun, and then load it with ammunition he might have had in his pocket?