Regarding robberies...

G

GaruKim

Inactive
Evening Gentlemen,
Living in California, :cool: I understand the gun laws here pretty well for a 19 year old. One scenerio does have a huge ? mark, so if we may begin the show,
You wake up in the night and hear your car alarm go off, grab your shotty and walk out just to inspect what might be happening. VrooOM, you just realized that a guy just hot wired your car, ready to take off... now this is the question.... I know you can't blow his head off right there for starting your car but WHAT IF you made it so he endangered your life. Ex, he started the car and you walked in front of it pointing your barrel to his head DARING him to gas it. Yes, I just made the problem a little worse but my car is also my baby... Please excuse the fact that I might get hit after I shoot him, I just want to know in a court of law, would I be ok because I walked in front of the car and shot the robber due to "endangerment" from him. Rest in Peace to that robber....
 
Hmm. Not sure. I checked Packing.org, and you can shoot someone "When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony,...". So I guess in theory, you would be justified, but it will probably not look good to a jury that you "unnecessarily escalated the situation". But then again, I am not a legal expert.
 
One bad thing to do is post hypotheticals then carry them out. :D

I'm not sure you'd be in the wrong to try and stop someone from driving away with your car by blocking them in with your body (I would hope not), but if you even HINT you did it to provoke a shootable response you've just blown your presumption of innocence in the confrontation.

Similar to egging on a non-violent confrontation to justify a draw. You don't have to retreat (maybe in Cali you do) but there's a thick line between standing one's ground and picking a fight.
 
Take a .357 magnum and make a warning shout into the ground. Either muzzle flash and bang will stop him or not. If not there's nothing else I would do. At least he will know you let him go at your own free will and that he could have been dead as well.
 
Carefull - this is NOT a robbery - which is forcible stealing. This is larceny (grand larceny possibly) and is NOT a shootable action.
AFTER you point your shotty(?) at him and he drives at you it becomes something else. How it escalated to that point will be investigated - hopefully you could explain it a bit different then you proposed, and hopefully after you shoot at him and possibly hit him, your baby won't go careening into traffic or some innocent civilians because you are responsible for what happens when it does. If you miss and he runs YOU over - you are the dead victim - over a car.

Call the cops - let them handle it.
 
They would probably fry you in California, however here in Virginia they'd give you a little citizen's medal you could wear around...
 
This is larceny (grand larceny possibly) and is NOT a shootable action.
Click to expand...

Uhh, stealing the car is grand larceny, if the driver tries to run him over, as in the scenario he is depicting, it's now a deadly assault.
 
I"m not sure about California laws, but here in Kentucky you'd get awarded with deluxe accomodations at the grey bar hotel for an extended stay. If you set him up to endanger you, then you would be the aggressor. You had the option of avoiding being endangered so therefore that would have been the proper course of action (at least legally).
As far as warning shots, that is not a smart move either. Kentucky law calls that wanton endangerment I believe. One more thing to consider, unless you are shooting slugs, I'm not sure you'd be able to penetrate a car windshield and still make the kill with a shotgun....I could be wrong here, but just my feelings on it.
 
Cyber - uhhh, that is what I said. Depending of course on the value of his car (in NY anyway).

Him putting himself in front of the car aiming/prepared to shoot someone comitting larceny - so now is the perp committing assault or self defense in driving at him?


Not sure in California. In NY...

A person may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of larceny

...except that he may use deadly physical force for such purposes only when he reasonably believes that:

(a) The offense committed by such person was:

(i) a felony or an attempt to commit a felony involving the use or attempted use or threatened imminent use of physical force against a person; or...

now in NY , grand larceny IS a felony, but the BG wasn't using force till our hero...forced the issue. This will be investigated - in CA?? Good luck!
 
I'm very pleased with the replies, learning a lot definitely. I guess from all the info you guys have posted, I would definitely reconsider my actions in this situation. Good to know there's people out there who put in there two cents, thanks guys.
 
What happens when it turns out you shot a 12-year old kid out for a joy-ride?

Not that he didn't have it coming, of course, and legally it would be irrelevent, but politically, depending on what race you are and where you live, it could make you a candidate for persecution (and prosecution) by some DA who's running for Mayor next election.

Plus the civil lawsuit his dirtbag parents will hit you with...

I'm not an attorney, but I think you've got the letter of the law covered, but depending on some variables, you may be on thin ice. Stealing a car is a felony. Self-defense outside the home generally requires you to retreat, if possible. However, you are allowed to use lethal force to protect a life.

Make sure you get hit by the car.

Seriously, avoid showing a gun unless you actually use it, and avoid using a gun literally until "gravest extreme".

Get LoJack.
 
Shooting someone over a car is generally bad ju-ju. even if you're justified, it leaves you open for a lot of [expensive] crap & aggravation you probably don't need. Keep your insurance up, get a LoJack, call the cops.

I know it's "your baby", but ultimately, it's just a car, it can be replaced; and while the emotional appeal of removing one more scumbag has its appeal, it really isn't your job, and no good deed goes unpunished, if you know hwat I mean.
 
if your cars your baby why would you want to ventilate it? you might get it recovered in a better condition than you'd put it in, particularly using a shotgun. speed holes only make cars faster on TV.
 
"My car is my baby"

Get over it. There is another one like it somewhere close.

Do you really want to shoot a human being over such a trivial matter?

While not a dime a dozen, cars can be replaced. Maybe even with something better. You life (either dead or in jail for a long, long time) cannot be. You live in CA, and they are very gun un-freindly. Better for you to put your values into another perspective.
 
Ahh, but would it be permissable to shoot out the tires of your own car to prevent the perp from driving away?

I know you could slash your own tires, assuming you were close enough...but pulling a firearm literally changes everything...
 
WHAT IF you made it so he endangered your life. Ex, he started the car and you walked in front of it pointing your barrel to his head DARING him to gas it.
Click to expand...

Well, in regard to self preservation, what you are suggesting is just plain stupid. Intentionally forcing a situation to make it dangerous for you just does not make sense - not from a self preservation perspective or from a tactical perspective.

What is really troubling is that you are assuming that once you force the situation into a lethal confrontation where your life is endangered, that you will be victorious in the outcome. You are assuming that your gun will function properly throughout the conflict, that you will land shots on target, that the caliber used will produce the desired effect, and that in the process of dying, that the bad guy doesn't still manage to mash down on the gas and drive right over you.

There are too many stories where folks have guns that do not manage to function as needed at a critical time and even if they have the ability to clear the problem, they may not have the time to clear the problem fast enough to preclude the bad guy(s) from being able to take advantage of the malfunction and confront you as if you are virtually unarmed, save for the pistol-shaped rock in your hand.
 
Take a .357 magnum and make a warning shout into the ground. Either muzzle flash and bang will stop him or not. If not there's nothing else I would do. At least he will know you let him go at your own free will and that he could have been dead as well.
Click to expand...

Hmm, not trying to "rock the boat" on this one, but I would definitely recommend you NOT do this. There are many reasons why a "warning shot" is not a good idea, first and foremost the fact that there is the potential of the bullet hitting a potential innocent bystander. I would heartily not recommend this...just my .02 worth though.
 
More NYS Penal Law: #35-30

4. A private person acting on his own account may use physical force,
other than deadly physical force, upon another person when and to the
extent that he reasonably believes such to be necessary to effect an
arrest or to prevent the escape from custody of a person whom he
reasonably believes to have committed an offense and who in fact has
committed such offense; and he may use deadly physical force for such
purpose when he reasonably believes such to be necessary to:
(a) Defend himself or a third person from what he reasonably believes
to be the use or imminent use of deadly physical force; or
(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
sodomy and who is in immediate flight therefrom.

kenny b
 
You must log in or register to reply here.
Back
Top