This is what gives the rest of us a bad name

Missouri law, (for example) says that if a BG is breaking down your front door, you can shoot him dead, however... BIG however. HOWEVER once the BG gets inside, he can raid your fridge and sit down at your table and enjoy your food. Your only legal option at this time is to retreat to your bedroom and call 911.

It doesn't have to make sense, it is the LAW.


Found one more state I won't be living or traveling to.
 
If you use deadly force against someone for a property crime, you'll be in serious trouble in most jurisdictions.
 
Unfortunately pipoman, I know any number of people (and they live in my own town! ) who firmly believe that "stuff" is never worth protecting... Heck, they believe that outside of door locks and other assorted padlocks, you don't have a right to protect anything other than you own life or that of your loved ones.

I believe in protecting my property that's why I secure it using locks. I just don't believe in using deadly force over some items.
 
The U.S. Government does not agree....

http://www.washtimes.com/national/20070202-124744-1388r.htm

Assistant U.S. Attorney Bill Baumann, who prosecuted the case, told reporters that the law does not give law-enforcement officers the right to use "deadly force to stop a car unless it poses an imminent threat to the officer or another person. If the car is going away from you, it's not even a close call."

so if a law enforcement officer cant use deadly force for that...what can a citizen use.
 
Update

It's pretty good when a home-grown petty crook stands up for his accuser and tells the Judge he got what he deserved!

From the LaCross Tribune. Published - Friday, February 16, 2007 (emphasis is mine)
Gas thief supports vigilante farmer who chased him with shotgun

CAMBRIDGE, Minn. (AP) — A retired farmer who was charged with felony assault for wielding a shotgun near a gasoline thief got support from the thief as he pleaded guilty to stealing gas and a car radiator.

The above was simply an AP story and has made it to several news outlets, including MSNBC. All are exact duplications of the above. Since I wasn't satisfied (I wanted as local a newstory as I could get), I found an original story at the Star-Tribune (note link is valid only for a few days):
Thief chooses to help man who chased him

He said he wants to do "whatever I can" to help the retired Isanti County farmer, who faces reduced charges of wielding a shotgun near the gasoline thief.

By Robert Franklin, Star Tribune
Last update: February 14, 2007 – 11:11 PM


Kenneth Englund, the retired Isanti County farmer who was charged with a felony after wielding a shotgun near a gasoline thief, has received support from an unlikely source: the thief.

Meanwhile, the felony assault charge against Englund was reduced Monday to two misdemeanors -- pointing a gun at another person and disorderly conduct.

"I don't think he should be held responsible for, you know, anything involving any of these issues," Christian Harris Smith said last week while pleading guilty to stealing gas and a car radiator at a farm near Englund's.

"I committed a crime and, you know, he did what he probably thought was right to ... resolve the situation," said Smith, 28, who was sentenced to 90 days in jail by Isanti County District Judge James Dehn.

According to a court transcript, Smith said that, in addition to paying restitution to the owner of the property, he would like to do "whatever I can" to benefit Englund, 74, a Bradford Township board member, road maintenance worker and retired farmer.

Englund, armed with a shotgun on Oct. 15, confronted Smith and a woman at the vacant farm as Smith was taking gasoline from a vehicle. Englund then chased them while calling the Sheriff's Office on a cell phone.

At one point, Englund asked, "Should I blow them?" That referred to tires on the vehicle driven by the woman, not to the people, according to the revised criminal complaint.

In the original complaint, it was written that Englund asked a sheriff's deputy via cell phone if he "should blow them away." There was a 3-year-old child in the car, along with Smith and the woman.

After the vehicles stopped and a deputy sheriff arrived, Englund's shotgun was found to be unloaded.

Englund will fight the reduced charges, said his attorney, Brian Toder of the Minneapolis law firm of Chestnut and Cambronne.

Englund brandished his shotgun but did not point it at anybody, Toder said. "Even if he did, that's reasonable force. He's with a guy who he thought was a drug-crazed meth-head."

Sheriff Mike Ammend said earlier that Englund's actions were "an invitation to a shootout" or an accident.

However, Englund has received an outpouring of support in his community -- which has seen an increase in property crimes -- and around the country.

Robert Franklin • 612-673-4543 • rfranklin@startribune.com
 
Im glad the farmer's sentence got reduced.

Don't convict him too soon.

Meanwhile, the felony assault charge against Englund was reduced Monday to two misdemeanors -- pointing a gun at another person and disorderly conduct.

Englund will fight the reduced charges, said his attorney, Brian Toder of the Minneapolis law firm of Chestnut and Cambronne.
 
Englund brandished his shotgun but did not point it at anybody, Toder said. "Even if he did, that's reasonable force. He's with a guy who he thought was a drug-crazed meth-head."
gotta love lawyers...

So should we go from probable cause to I thought as the standard?

I bet if one of his clients was charged because the officer thought he might be a drug crazed meth head he would be arguing that it didnt meet the probable cause standard. LOL.

All Im saying is as responsible gun owner know the law...
 
Probable cause should be used before you get to use of force or even excercise the continuum of force.

So If I see you and I think you look suspicious because it looks like you are carrying a concealed weapon I can smack you with my mag lite from behind because I think you are up to no good?
 
What happened is obviously not what was initially reported. Pretty standard for the news media. So, all of this "you can't, you can" is pretty much reduced to the hypothetical, isn't it?

The problems stem from people in different parts of the country trying to apply local law and customs to other places, where the laws might well be different. All added to the inescapable fact that we were operating on false information as to the true circumstances. Something as simple as the fact that the theft was more involved than stealing gasoline, but also included, but may not be limited to, a vehicle's radiator, as well. It would also appear that the man didn't threaten to "blow them away" on the phone, either. Don't you just hate it when a perfectly righteous moral opinion falls to the facts?:D :D :D
 
Who's to say the behavior Englund witnessed did not give him probable cause to form his opinion?

Eghad, don't act as if this assumption out of the ordinary or just some slimey lawyer trick. Poke around TFL a little and you'll see just about every scenario involves drug crazed lunatics and "meth heads".
 
So if a guy has a bad hangover and I think hes a drug crazed meth head and is engaging in what I think is suspicous behavior I can whup out my shooting iron and put him down on the ground at gunpoint?
 
amazing, some of you guys are painting the old man as this blood thirsty vigilante who gunned down the thief, oh yeah of cours ehe should have known the amount of theft that took place, after all he should be psychi, right?:rolleyes:

I grew up learning that there are right and wrong, and a citizens has the responsibility to stop the wrong to the best of their abilities. "the evil has triumphed when the good men do nothing".

I have, in the capacity of a private citizen, chased down robbers, engaged in high-speed "pursuits" and held them at gun point, even though my state didn't see me as fit for a CCW since I'm not a celebrity, and I was under the impression that I had the responsibility to act rather than observe.

It looks like liberalism has infiltrated every aspect of the American society, including this group of people. Sad day for all of us indeed.
 
If this story is accurate, the farmer overacted! He needlessly endangered the lives of others.

In Florida, if he would have "blown them away," the farmer would probably be doing jail time.

If someone has a legally issued concealed carry permit, they may not draw the weapon unless they fear eminent death or grave bodily injury to themselves or others. The first obligation is to flee to a safe place and to call law enforcement.

If you mean, that the actions of the farmer dealt a blow to law abiding citizens, you would be correct.
 
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