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Can detain someone in the act of committing a crime?


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I wouldn’t say that holding teens at gunpoint for looking for ghosts in a cemetery that isn’t on your property is anywhere close to holding someone at gunpoint that is burglarizing your shed or vehicle.

He got arrested for agg assault and false imprisonment. He was lucky the Grand Jury didn’t’ indict. I would say that’s a case of someone that overreacted and I’m sure it cost him a lot.

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Guest RevScottie

In the story I referenced he was the cemetery caretaker and he held the teenagers on the grounds of trespassing and suspected vandalism. He also claimed that gunshots were heard from the cemetery. As a I said a SIMILAR situation not the same thing.

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Guest m500 lover
So the instructor did not really answer this clearly in my HCP class. If you witness someone committing a crime on your property (breaking into or vandalizing a car, shed, other) is it legal to use your handgun (drawn and pointed at the subject) to try to detain them while waiting for the police?

Obviously, if they run, I cannot shoot them in the back and if they charge me I can shoot them, but what about my case?

You can make a citizens arrest much like a security officer. I am even allowed to hand cuff you until the police arrive. Technically this is detention and it is my understanding citizens are allowed to do the same if they catch someone breaking the law.

Sent with Droid Incredible using Tapatalk.

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Guest ArmaDeFuego
Now i ain't saying i am pulling a gun right off, but it i can get a full swing at kidneys with my hickory

wood Jackie robinson louisville slugger i am taking that shot with no warning. They won't be worth much after that hit. A homer at the knee would be effective too.

Isnt that the same under the law as pulling a gun? A bat is a deadly weapon.....

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