OldMarksman
Staff
God forbid any potential criminals come in here and read this thread. They would be emboldened to new heights of criminality. If even the gun nuts would just let a BG walk, what's to fear from anyone? Criminal mindset becomes: Hell, I can try and steal stuff (or worse) and the worst thing that will happen is I just walk. What's the downside?
If a criminal knowingly and unlawful enters an occupied dwelling, his biggest concern is not being held at gunpoint. His intent undoubtedly extends beyond stealing "stuff." The downside? Getting shot in self defense. Not for ignoring a "command" but for getting into a situation in which the occupant had to do so and was justified.
Would that distinction embolden you to "new heights of criminality?"
[Are you really going to let him just walk?] Would ANYONE tolerate the same of the police?
No, not at all, but the police are trained and paid to arrest a criminal using carefully established department policy and procedure, and the officers are protected against civil suits. The civilian is not.
Police officers (plural) will use force-physical force--to get the perps in cuffs and into their cars.
Do you think they would shoot? Not likely! Read Garner v. Tennessee. The old "fleeing felon" rule is no longer operative.
If the guy turns and starts to walk away, are you going to shoot him in the back? Why yes... if someone refuses a command to hold, perhaps the idea is to shoot them.
Probable outcomes: your arrest, trial, conviction, incarceration, and loss of your gun rights forever, for committing a felony...
Plus civil suits and large settlements against you for wrongful death or injury.
Don't even think about it.
For all you know, they'll make a run at you once you've shown no willingness to actually USE the defensive weapon you are holding.
Make sure they know your willing to use your weapon for defense, but if you shoot someone to keep him from leaving, how would you characterize it as a "defensive weapon" As BillCA says, he remains a danger until he is gone.
Heed the good advice of Hkmp5sd:
Main point is that you use your gun to stop an immediate threat. If the guy is running away, he is no longer an immediate threat and you have no legal right to shoot him. An attempt on your part to detain him may result in your arrest for armed kidnapping.
Don't try to be a hero. Be a good witness for the police and go home alive. Do exactly what BILLCA recommended above.
If you want to detain BGs at gunpoint, join the police force.