How do you hold someone at gunpoint?

[Ri22o]

Originally Posted by BloodEclipse

If they are in my house they are a threat to me and my family.
If it happens that I have not shot them and get them under control (spread eagle on the floor) they will remain that way untill LEOs arrive. Any attempt to move from this position would consitute aggression and it would be dealt with quickly.

I agree. Any uninvited guest in my house is, and will be, considered a threat and will be dealt with accordingly.

[JosephR]

I would do what I thought I had to do at the moment and what I knew I could do within the limits of the law.

Holding someone at gunpoint is never legal. It might be legal in your home but I doubt it. It is holding someone against their will with the threat of deadly force- not legal.

You are allowed to shoot them in if they are unlawfully in your home. I personally wouldn't shoot someone unless I felt threatened. If I felt threatened I wouldn't hesitate.

More than likely if I caught someone off guard in my home I'd point the gun at them and tell them to "freeze" or "don't move or I'll blow your head off" or something similar. I'd call the police. But, if the person moved towards the door without moving towards me in a non threatening manner, I wouldn't shoot them.

You need to think about what a jury will let you live with AND what you'd be willing to live with. The intruder will more than likely have a family so there's always the possibility of a lawsuit.

[mosesiscarryingapdw]

The correct answer to "How do you hold someone at gunpoint" is "when they are face down, hemorrhaging blood, and the police and ambulance are on their way."

[Yamaha]

Originally Posted by mosesiscarryingapdw

The correct answer to "How do you hold someone at gunpoint" is "when they are face down, hemorrhaging blood, and the police and ambulance are on their way."

most likely that would be the same in my case.

Also, if you shoot them in the house, make sure they go down in the house.....6 months ago I had a prowler investigating the outside of the house at 3am, as the garage door was open in the rear. I just walked in the house, drew my 17, and waited for forced entry. The deputy that investigated the event said I did everything right for the circumstances, you cannot take them down in your yard or while fleeing(technically) just a simplified version of the code IIRC.

[shooter521]

Originally Posted by Yamaha

Also, if you shoot them in the house, make sure they go down in the house

What do you mean "make sure he goes down in the house"? If I shoot a BG in my house and he leaves, that's fine by me; my mission (protecting myself and my family) has been accomplished. Following him into the yard or whatever would be counterproductive at that point. Stay inside, secure the house and call 911.

[Yamaha]

Originally Posted by shooter521

What do you mean "make sure he goes down in the house"? If I shoot a BG in my house and he leaves, that's fine by me; my mission (protecting myself and my family) has been accomplished. Following him into the yard or whatever would be counterproductive at that point. Stay inside, secure the house and call 911.

one word, liability....


also, if you follow them into the yard still firing, they may leave in a body bag, but you'll be leaving in the back of a squad car....

Andrew

[sjstill]

Originally Posted by Yamaha

one word, liability....


also, if you follow them into the yard still firing, they may leave in a body bag, but you'll be leaving in the back of a squad car....

Andrew

You're basing this statement on your many years of criminal legal practice??

[baldmax]

Indiana has the Castle Doctrine:

If you can get past the train metaphor (which is hard because they really do their best to beat it to death), this year-old article from the NRA has a good summary of which states enacted laws that eliminate the duty to reasonably retreat from an intruder in your home. As of October 2006,

Castle Doctrine [was] the law in Alabama, Arizona, [Florida,] Georgia, Idaho, Indiana, Kentucky, Mississippi and South Dakota.

I note that contrary to my naive political expectations, California, Michigan, Oregon, and Texas are all suspiciously absent from that list. But not to fear! In the past year, eleven more states have adopted some version of the Castle Doctrine as law:

[As of October 4 2007], the Castle Doctrine has become law in Florida, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, Indiana, Michigan, North and South Dakota, Kansas, Oklahoma, Texas, Arizona, Alaska, Idaho, Missouri and Maine. . . . By far, the popular concept in those states has been the “stand your ground” approach that permits a homeowner to fire upon invaders at first sight.

Found it here:

The Castle Doctrine: A State-by-State Summary « tekel

[Ri22o]

Originally Posted by baldmax

Indiana has the Castle Doctrine:

If you can get past the train metaphor (which is hard because they really do their best to beat it to death), this year-old article from the NRA has a good summary of which states enacted laws that eliminate the duty to reasonably retreat from an intruder in your home. As of October 2006,

Castle Doctrine [was] the law in Alabama, Arizona, [Florida,] Georgia, Idaho, Indiana, Kentucky, Mississippi and South Dakota.

I note that contrary to my naive political expectations, California, Michigan, Oregon, and Texas are all suspiciously absent from that list. But not to fear! In the past year, eleven more states have adopted some version of the Castle Doctrine as law:

[As of October 4 2007], the Castle Doctrine has become law in Florida, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, Indiana, Michigan, North and South Dakota, Kansas, Oklahoma, Texas, Arizona, Alaska, Idaho, Missouri and Maine. . . . By far, the popular concept in those states has been the “stand your ground” approach that permits a homeowner to fire upon invaders at first sight.

Found it here:

The Castle Doctrine: A State-by-State Summary « tekel

So, what exactly is the Castle Doctrine? Your post was basically a copy of the provided link.

[pmpmstrb]

Castle Doctrine in the US - Wikipedia, the free encyclopedia

According to the Wiki we have a "stand your ground" doctrine which is one level up from a the Castle doctrine.

Other states have a stand-your-ground clause, or no duty to retreat policy which expressly relieves the home's occupants of any duty to retreat or announce their intent to use deadly force before they can be legally justified in doing so to defend themselves. In states where Castle Law is included as a part of a larger personal-self-defense law, there may be a duty to retreat if the altercation happens in a place outside the home; even though there is no duty to retreat if the altercation happens at the home.
Stand-your-ground laws (sometimes called shoot-first laws by critics) are statutes that allow the use of deadly force to defend against forcible unlawful entry or attack. These bills significantly expand the boundaries of legal self-defense by eliminating a person's duty to retreat from an invader or assailant in certain cases before resorting to the use of "defensive force that is intended or likely to cause death or great bodily harm to another." [3]
In a Minnesota case, State v. Gardner (1905) where a man was acquitted for killing another man who attempted to kill him with a rifle, Judge Jaggard stated-
The doctrine of 'retreat to the wall' had its origin [in Medieval England] before the general introduction of guns. Justice demands that its application have due regard to the general use of and to the type of firearms. It would be good sense for the law to require, in many cases, an attempt to escape from a hand to hand encounter with fists, clubs, and even knives, as a justification for killing in self-defense; while it would be rank folly to require [an attempt to escape] when experienced men, armed with repeating rifles, face each other in an open space, removed from shelter, with intent to kill or cause great bodily harm[4]
Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States when upholding the no duty to retreat maxim that detached reflection cannot be demanded in the presence of an uplifted knife.[5]