Would you intervene in an armed robbery?

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  • Webster-dl

    Marksman
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    Jun 12, 2014
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    Paul30, IC35-41-3 leaves you without any criminal or civil litigation in any of the case scenarios covered by the law.

    Yes, but like with so much of law, the devil is in the details.

    You are protected if you use force to defend yourself or another person from what you reasonably believe is death or grave bodily injury, yes. What if the city DA doesn't think that your belief was reasonable? What if he says "Anyone would know the "kid" (who is 30 years old, of course) only wanted to get a few beers and wasn't going to shoot anyone. Your belief was unreasonable." Or what if the gun was fake and the DA says that "anyone should have known that the gun was fake"?

    You may still be cleared, but like Evan Marshall said, you might end up in jail for years waiting to be cleared, or at least be out thousands upon thousands of dollars.

    The law is a good law IMHO, but just be aware that it's entirely possible it still might not really protect you, even if it should.
     

    Frank_N_Stein

    Grandmaster
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    Nov 24, 2008
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    Beech Grove, IN
    I understand what you are saying and I agree with you in principle. Just one thing: What if it turns out the gun was fake? Yes, he was still in commission of a felony, and there was no way for you to know, and yes, there is no such thing as "shooting to wound", but if you shoot him in the back of the head, and he turns out to not have been armed at all...well, you will probably be cleared, but it might be a real rocky road, with some group screaming that you "executed someone who posed no threat to anyone".

    Well, I guess I'll answer my own question here: There was no way for you to know. All you can do is do the best you can with the information you have at the time you have to make the decision. I think I would agree with those that said "you just can't know until it happens...there are too many variables to tell".

    Did the appearance of the fake gun lead you to believe it was real?
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
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    Lafayette, Indiana
    Thoughts?

    The greatest of all victories are the battles you win by not fighting.

    Don't fight if you don't have to. Nothing but heartaches awaits you. Why do you think those in blue or brown are dripping in qualified immunity? Too many unknown unknowns to know about.:D

    I follow the extension of my gene pool or partner rule.
     

    One Shot One Kill

    Sharpshooter
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    9   0   0
    Oct 15, 2014
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    Near The Dunes
    I'd have to agree with some of the other people and say that if the guy is robbing a place as gunpoint, I don't know about anyone else, but I believe that you have to make your own choices and quickly, because you never know what another person is thinking... People are sometimes erattic. I wouldn't bet my life to try to take out a robber, unless a reasonable situation presented itself, preferably with a non-lethal outcome for me or bystanders. Sure, he could just leave and harm no one, and I've heard stories where if someone had been carrying, the situation would have resulted in an avoidable death, but if it comes down to my own safety and my families safety, I'm not leaving anything to chance...
     

    chuckp

    Sharpshooter
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    Nov 22, 2009
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    Central IN
    Paul30, IC35-41-3 leaves you without any criminal or civil litigation in any of the case scenarios covered by the law.


    Thats BS. Just because you believe this does not mean you will not get sued. You can get sued for reckless and negligent behavior. Then you have to prove through the civil courts that you were following the law. That gets real expensive real quick. To make a long story short I had a guy break in and he got shot. His family sued for reckless and negligent behavior. I was never charged for a crime. I could not make money fast enough to pay an atty $250 an hour to represent me for very long. So for the OP I will avoid shooting someone in the situation he described as I can not afford another lawsuit even though state law "says" I can not be sued. Some say that is not morally correct but being morally correct can bankrupt someone very fast. Ill do my best to slip away and not live in fear of the bills from the attys.

    chuck
     

    singlesix

    Grandmaster
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    May 13, 2008
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    Indianapolis, In
    Thats BS. Just because you believe this does not mean you will not get sued. You can get sued for reckless and negligent behavior. Then you have to prove through the civil courts that you were following the law. That gets real expensive real quick. To make a long story short I had a guy break in and he got shot. His family sued for reckless and negligent behavior. I was never charged for a crime. I could not make money fast enough to pay an atty $250 an hour to represent me for very long. So for the OP I will avoid shooting someone in the situation he described as I can not afford another lawsuit even though state law "says" I can not be sued. Some say that is not morally correct but being morally correct can bankrupt someone very fast. Ill do my best to slip away and not live in fear of the bills from the attys.

    chuck

    "Every bullet has a lawyer attached to it", don't know who said it but it's well worth remembering.
     

    level0

    Expert
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    Mar 13, 2013
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    Indianapolis
    I've heard as soon as I rack the slide on my Mossberg the bad guy will pee his pants, faint, have a heart attack, and flee. In that order.

    Or, I should use an all steel .45 because even if I miss the guy, the .45 round will suck out his soul as it flies by.
     

    9mmfan

    Grandmaster
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    Apr 26, 2011
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    Mishawaka
    It would entirely depend on the totality of the situation. Chances are you I wouldn't intervene unless my sons or my life is in the line of fire.
     

    glockednlocked

    Sharpshooter
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    Jun 7, 2008
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    While being a super trooper cape crusader packing krypto-glock sound soo cool to some the truth is.....Not worth the trouble to inject myself into a theft that really is not my problem. I am past caring about this dirt bag stealing from meglomart and truth is in my town the clerk is more likely an Obozo voter who has no respect for me or my safety so oh well.... That said if dipstick petty criminal wants to step it up and pose a threat to me or mine well that makes it the day I pray never happens. I pray the lord makes my hand fast and my aim keen and all my training and determination to protect those I love bursts forth in overwhelming violence.
     

    Redhorse

    Master
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    Jun 8, 2013
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    Wow another "what if thread", so refreshing.
    The new guy has 17 total posts and wants something to talk about, cut him some slack man.

    If I was behind the guy and he hadn't noticed me, I'd maybe react. How I would, I'm unsure, maybe with force, but not because I'm wanting to play hero, but because I wanna go home that night. If I'm that close to him/her, chances are I can be noticed and have an early arrangement with the Guy in the sky if I don't react.

    Honestly I don't know and I really don't want to find out. However, I'll at least give it some thought.
     

    Jeepsandguns

    Plinker
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    0   0   0
    Aug 19, 2013
    87
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    Carmel
    One of my bigger concerns would be where the clerk is standing in relation to the flight path of the bullet, so they don't get hit by over penetration. Also, can I draw my firearm without being seen and subsequently shot.
     

    Frank_N_Stein

    Grandmaster
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    Nov 24, 2008
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    Beech Grove, IN
    I would try to get him to surrender first

    Do you carry handcuffs with you at all times? Not trying to be smart, just wondering if you have a way to secure someone that surrenders to you. I don't carry handcuffs when I'm not in uniform so I have to decide if I am going to observe, fight, or flee depending on the situation.
     

    mrortega

    Master
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    Jul 9, 2008
    3,693
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    Just west of Evansville
    Do you carry handcuffs with you at all times? Not trying to be smart, just wondering if you have a way to secure someone that surrenders to you. I don't carry handcuffs when I'm not in uniform so I have to decide if I am going to observe, fight, or flee depending on the situation.

    My simple plan is to order him face down on the floor then straddle him horse back style with my piece pressed against the base of his scull and wait for the cops. I'll already have instructed the manager of the store to stand next to me to identify me when John Law shows up. Of course while sitting there I'd be alert for any covert buddies he might have in the store.
     

    singlesix

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    May 13, 2008
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    My simple plan is to order him face down on the floor then straddle him horse back style with my piece pressed against the base of his scull and wait for the cops. I'll already have instructed the manager of the store to stand next to me to identify me when John Law shows up. Of course while sitting there I'd be alert for any covert buddies he might have in the store.

    What if he doesn't comply with your order? Now what?
     
    Last edited:

    Frank_N_Stein

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    Nov 24, 2008
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    Beech Grove, IN
    My simple plan is to order him face down on the floor then straddle him horse back style with my piece pressed against the base of his scull and wait for the cops. I'll already have instructed the manager of the store to stand next to me to identify me when John Law shows up. Of course while sitting there I'd be alert for any covert buddies he might have in the store.

    Good luck!
     
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