How do you hold someone at gunpoint?

[HICKMAN]

50+ views and only 6 posts, I know some of you are not saying much. . .

not giving a defense lawyer any ammo...

 

[esrice]

not giving a defense lawyer any ammo...

How was my question any different than any other tactic or training discussion we have here on INGO on a regular basis? (3 years later )

 

[HICKMAN]

How was my question any different than any other tactic or training discussion we have here on INGO on a regular basis? (3 years later )

you said folks weren't sayin much... I was sayin why

 

[esrice]

you said folks weren't sayin much... I was sayin why

But after I posted that like 90 other people responded!

 

[maxmayhem]

I don't know the law but morally if you have the option not to shoot him then you should utilize that route. Theft does not always warrant capital punishment. I would have to defend that decision in my own mind and possible in court if I took a life. If he is following directions I would not shoot him. If he fled I would not shoot him if his intentions were theft of propery. If kidnapping or rape then all bets are off, he will probably die that night. If he was not following directions then any aggressive act might get him shot. That means advancing toward me, any sudden moves, reaching for anything, etc. I would not touch him or take him into custody. He would stay a body length away from me.

I have often thought of a similar scenario but I am not inside my home. If I pull a gun on an attacker I would have no option but to shoot him if he aggresively moved toward me. The question I would have would be, "Did I have the right to pull a gun on him and shoot him?" Did I bring a gun to a fist fight? Would I be criminally or civilly liable if I shot an aggressive but unarmed person? I escalated the situation myself by making it a life and death struggle in a way. I cannot allow the criminal to control the gun and the potential for me to be incapacitated and lose my weapon necessitates that he retreat or be shot. Did I use excessive force in this situation? I have learned in a law class that a verbal threat to do harm is assault so if I can prove my case I can act proactively before he touches me. If he does me no harm then there is no evidence that he harmed me and no evidence that he would harm me if he was dead.

If I did shoot a person, I would call the police and then my lawyer. I would not give any statement without a lawyer.

 

[LEGENw84itDARY]

Ok, i have a big question....you have the bad guy on the ground, the police arrive, I KNOW I KNOW I KNOW your not supposed to talk to the cops but in this situation it seems kinda of stupid to not say anything, especially if the BG says to the cops (who dont know the situation) that you just randomly pulled a gun at him....anyone have an answer?

 

[Sticky]

....anyone have an answer?

Here's what some instructors have recommended: "stick with the four-points (state your view of what happened, affirm that you will sign the complaint, point out witnesses/evidence, and state that you’ll provide him with full cooperation after speaking with counsel).". I actually used this procedure once and it worked great. But then, there were witnesses to back me up.

In a citizen's arrest without witnesses? Your word against his. That's why I decided decades ago to never attempt a citizen's arrest. Except maybe under extraordinary circumstances.

 

[Marc]

I was never told to pull a gun unless you are going to use it. So i dont think i will ever have anybody at gun point.

same here but i have had times where i made it obvious i was armed and the BG immediately ceased to be a threat, my personal security device remained holstered but the visual with my hand on it with sound of the safety being flipped off has kept me out of hostile situations 100% of the time but thats not to say that there may be a time where the BG is determined and i have no choice... ive just been lucky in the past, no telling what the future has in store