Defensive display is serious business that comes with considerable legal risk.
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So I was actually having a discussion about this very thing the other day. I made the point that “if” a unsub stole a police officer’s police car wouldn’t the officer draw his weapon and most likely fire upon the unsub as he’s driving off in the stolen vehicle? So if it’s legal for the police to do this then why isn’t it legal for “Law abiding” citizens to act the same way? Maybe @benstt can give me the answer on this one.Never underestimate the race to the phone after any defensive use or display of a gun. I'm hoping that most police have caught on to the fact that just because someone called 911 first doesn't automatically mean that they are the victim. Articles like the one in this link prove the author's point about criminals always wanting to be the victim, and reaffirms my faith in law enforcement.
Chicago Carjacker Calls 9-1-1 Because His Victim Pulled Gun on Him - The Truth About Guns
◀Previous Post Next Post▶ Go ahead, read that headline again. That’s right, Elliott Scott carjacked a tow truck in Chicago Tuesday. However, the truck’s rightful owner tracked down the flatbed thanks to GPS, whereupon the owner found Mr. Scott in the truck’s driver seat. The owner then...www.thetruthaboutguns.com
It’s gonna depend on your state laws.So I was actually having a discussion about this very thing the other day. I made the point that “if” a unsub stole a police officer’s police car wouldn’t the officer draw his weapon and most likely fire upon the unsub as he’s driving off in the stolen vehicle? So if it’s legal for the police to do this then why isn’t it legal for “Law abiding” citizens to act the same way? Maybe @benstt can give me the answer on this one.
What about intent to do harm? For all we know they plan on running you over with that same vehicle they stole. While you have the deer in the headlights look because they took your vehicle?It’s gonna depend on your state laws.
Many states don’t allow lethal force to be used in defense of property, or to be used on a retreating party (driving away would definitely be considered retreat).
On the other hand, LEO’s can (again, depending on state laws) use deadly force to stop a felony in progress—GTA being a felony.
That may be the main distinction...
Are they driving directly at you, or are they driving away from you?What about intent to do harm? For all we know they plan on running you over with that same vehicle they stole. While you have the deer in the headlights look because they took your vehicle?
Sorry I should stop here I get a little to passionate about these things.
Touché.Are they driving directly at you, or are they driving away from you?
You’ll have a hard argument to make that they were trying to run you over if they were speeding away in the opposite direction...
Are you shooting the vehicle or directly at the perp who took your vehicle driving away? Castle law or not, but why shoot your own vehicle and the insurance not pay for damages? Hmmmmm???
The same in Kentucky.Granted the analogy used could’ve been better. Point is in Texas you are legally allowed to use deadly force when protecting self, property or family. Provided you can prove you felt One of those things was in immediate danger.
It’s gonna depend on your state laws.
Many states don’t allow lethal force to be used in defense of property, or to be used on a retreating party (driving away would definitely be considered retreat).
On the other hand, LEO’s can (again, depending on state laws) use deadly force to stop a felony in progress—GTA being a felony.
That may be the main distinction...