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  1. #1
    Marksman
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    How is holding someone at gunpoint legal?

    I was reading about some guy holding some kids (who had committed a crime) at gunpoint until the police arrived. How is this even allowed? I guess I'm not asking about the legality of holding someone at gunpoint (I'm curious about that too), but unless someone is presenting a clear threat to you you cannot shoot them...so basically if they got up and left you couldn't do anything, right?

    This just seems weird to me lol.

  2. #2
    Expert armedindy's Avatar
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    i would suppose that if you shot them you would be in big doodoo...but perhaps just intimidating them enough to keep em around til the police show up is ok....assuming youre bluffing? i dunno.....good question though...im interested in others responses
    "I ran out of bullets, like an A**-hole..."

  3. #3
    Grandmaster stephen87's Avatar
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    Depends on the crime. If it's something like egging a car or house, I don't see how that would be legal. However, I believe that if they had committed a violent felony and you were legal to use lethal force, then it would be legal for you to hold them at gunpoint.

    Tagged for further interest.
    Quote Originally Posted by LockStocksAndBarrel View Post
    Good point, stephen87! As usual it was well thought out, concise, and well, brilliant.

  4. #4
    Shooter
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    I don't think you can technically hold anyone at gunpoint. If you pull a gun in self defense because you are in danger and you yell at the person to get on the ground for example, if they willingly get on the ground and are too afraid to walk away because they are scared that's their fault.

  5. #5
    Expert Valvestate's Avatar
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    If you had a good enough reason to draw in the first place, you probably have a good enough reason to keep it on them. If they walk away there isn't much you can do but point or point/follow until they're gone. You're not really keeping them there, you're just at your ready in case they try to attack you (or attack again).

  6. #6
    Person chezuki's Avatar

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    No need to guess when it's spelled out for you.

    IC 35-41-3-3Use of force relating to arrest or escape
    Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
    (1) a felony has been committed; and
    (2) there is probable cause to believe the other person committed that felony.
    However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
    (b) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
    (1) has probable cause to believe that that deadly force is necessary:
    (A) to prevent the commission of a forcible felony; or
    (B) to effect an arrest of a person who the officer has


    probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
    (2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
    (c) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
    (d) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
    (1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
    (2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
    (e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
    (f) Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.



  7. #7
    Grandmaster HoughMade's Avatar
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    As a practical matter, even if allowed by law, I don't think I'd literally hold them at "gunpoint". A gun in the "low ready" position is better for everyone. The 4 rules still apply.
    Blessed are the peacemakers...

  8. #8
    Avast ye scurvy dogs! jbombelli's Avatar

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    Quote Originally Posted by chezuki View Post
    No need to guess when it's spelled out for you.
    There's also this:

    IC 35-33-1-4
    Any person
    Sec. 4. (a) Any person may arrest any other person if:
    (1) the other person committed a felony in his presence;
    (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
    (3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
    (b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
    (c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
    As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.
    The price of freedom is blood. The moment we are no longer willing to pay that price, we are no longer free.

  9. #9
    Expert revance's Avatar
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    Yup, as others have posted, citizens arrest exists in IN.

    Pretty risky on several levels though. Risk of both criminal and civil liability. Not to mention the risk of physical injury.

  10. #10
    Expert ru44mag's Avatar
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    Better make sure it's worth it. I know someone that was charged with felony intimidation. So using intimidation to hold someone could be risky, depending on the circumstances. Do you have to yell citizen's arrest...citizen's arrest, while you are arresting them, like Barney Fife did?

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