"So whatya gonna do....?"

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James K

Member In Memoriam
"So whatya gonna do...?"

This has been inspired by a comment on another forum, but let's see the reactions here.

A police officer has many weapons and means of coercion available, including a Taser, Mace, and, of course backup. But an armed citizen has none of those, and many non-lethal weapons are illegal for a citizen to own, let alone carry. Further, a citizen is usually restricted by law to defense of him/herself and family.

So an attacker does something very bad to someone in your presence and simply walks away. You draw your gun and call to him to stop. His reply is a suggestion that you do something biologically impossible and he asks, "So what are you gonna do, shoot me?" and keeps on walking.

The threat to you, if it existed, is ended. You are not authorized to make an arrest or to shoot to stop a fleeing felon. A citizen's arrest would be on shaky ground; even police would hesitate to shoot if the suspected (not convicted) felon is simply walking away.

So, what is the alternative? Shoot and take your chances with a prosecutor and a jury? Let the perp stroll away and lose himself? Note his description for the police? Try to tackle him without shooting? Tell him he is behaving in an anti-social manner and that he will get coal in his stocking?

Jim
 
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Evil Monkey

New member
That depends on what happened and if there are any...........witnesses.

An illegal action is strongly implied here. Let's keep the solutions reasonable... and legal.

TFL Staff
 
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teeroux

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If you feel the need to act to stop an act of violence. Act and attempt to stop the act of violence. If you wait till the act is over and the subject walks away. Your already a day late, be a good witness.
 
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James K

Member In Memoriam
Under most state laws, an armed citizen has no authority to stop an act of violence against anyone but him/herself or family. In practice, most of us would try to prevent lethal violence and take a chance, but in any other situation (armed robbery, say) an armed citizen who intervenes would risk arrest. But my assumption was that the crime has already occurred, and the perp is leaving, unmolested.

Jim
 
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teeroux

New member
^^ Its not here. Just so long as the person(s) in question you are defending would be justified in force to defending themselves. Its not a question of authority but justified use of force.
 
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zach_

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Strange thread for a mod to start. Seems like a chest thumper to me.

I hope I would not wind up in jail after whatever reaction might happen. At minimum I would assist the vic as needed.
 
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Pond James Pond

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Aside from calling the police and trying to make a mental note of the person's appearance, I think I'd see if the victim needs assistance.

They may be hurt: priorities.
 
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mega twin

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I would guess it is illegal to own tasers and such,because one would be more
apt to use them,because they are not lethal?
 
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AK103K

New member
Write down every detail I can glean, assist the victim, give the whole mess to the police, walk away.
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I tend to agree with this. We arent cops, and if the assault breaks off and they are leaving, you become the aggressor if you pursue and press it. I worked with a guy who spent 7 years in jail for doing just that, and he was the original stabbing victim (the guy what stabbed him, became the second). If anyone had the right, he did.

If you want to elicit a response otherwise, use your phone and take their picture or a video as they walk away, before you call 911. That might change their mind as to you being worth their bother to hang around.
 
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Sharkbite

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Under most state laws, an armed citizen has no authority to stop an act of violence against anyone but him/herself or family
Click to expand...

That statement is wrong. You can use deadly force to protect yourself or ANOTHER from death of serious bodily harm. Does not have to be a family member. The wisdom of intervening in a third party event is another story. But you have the legal ability to do so.
 
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JERRYS.

New member
use of force laws generally have a clause to protect against death, serious bodily injury or a forceful felony of one's self or an innocent third party.
 
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Jo6pak

New member
I'd pull out my smart phone and take photos/video of the subject.

I would not draw my weapon unless the subject threatens or advances on me. And I would not follow the subject very far or chase him/her.

As odd as it sounds, depending on the situation; I would actually be more likely to act directly if I were not carrying
 
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OldMarksman

Staff
You can use deadly force to protect yourself or ANOTHER from death of serious bodily harm. Does not have to be a family member. The wisdom of intervening in a third party event is another story. But you have the legal ability to do so.
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Iff that person would have been lawful in the use of deadly force for self defense....
 
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Blue Duck

New member
To be honest it might depend on the state of my blood pressure at the time. And if that person that he did the very bad things to, was my friend of relative, wife, etc., then all bets are off.

Otherwise, maybe I will just be a good witness.
 
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zombietactics

New member
Under most state laws, an armed citizen has no authority to stop an act of violence against anyone but him/herself or family.
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This is contrary to the 30+ states whose laws I've actually checked out. As such, I'll have to conclude that this statement is factually incorrect. In every case I know of, a citizen has a right to stop a violent felony against a third-party, in progress.

Whether that's always a good idea (often it's not) is another question, as is how that act may be viewed through the eyes of those around you. It's quite possible you could do everything "right", but still be perceived as the aggressor, and arrested/tried/imprisoned as such.

The scenario offered is an exercise in what not to do. You simply have no right or legal justification in most cases to threaten the use of deadly force against someone who is walking away.

If they are walking away, they are not in the process of presently doing anything to anyone, regardless of what they may have just done. In many cases, pointing a gun at someone who is walking away means you just committed a form of felony assault. I others it's likely to be - at least - brandishing.
 
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