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- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Newsgroups: rec.guns
- Subject: Re: Bad tactical position ( was Psychology in Defense)
- Message-ID: <199211170651.AA00435@ucsu.Colorado.EDU>
- Date: 17 Nov 92 13:16:01 GMT
- Sender: news@mimsy.umd.edu
- Organization: University of Colorado, Boulder
- Lines: 47
- Approved: gun-control@cs.umd.edu
-
- In article <Bxu306.AGz@constellation.ecn.uoknor.edu> callison@essex.ecn.uoknor.edu (James P. Callison) writes:
- #Here's an interesting question...according to some news report or another,
- #there's been a rise in burglaries (or, I guess, technically, robberies)
- #committed while the residents were at home--and they were purposefully
- #committed while there was someone there. These perps were doing it for
- #feeling of power, and they were bent on harm...
-
- I think that's burglary (entering private property with the intention
- of committing a crime) not robbery (where the intention is theft.)
-
- #...and posed a clear and
- #present danger. Question: If you catch one of these, and he tries
- #to leave, do you shoot him? He poses a clear and present danger, and
- #will likely try it again (according to the report), if not with you
- #as the target, then with someone else...
-
- Can you be sure of that? Perhaps the experience of being held at gun
- point will reform him. I suspect a court of law would take that
- view: You can not be sure that individual will be a future threat,
- and therefore you are not justified in acting in self-defense.
-
- #I know the FBI's position is that a Special Agent who witnesses a
- #a robbery is bound to try and apprehend the subject, even though it
- #is technically not under FBI jurisdiction; do we, as "a well
- #regulated militia," do the same?
-
- The militia has no legal status in this respect. You could hold him
- until the police arived. If he ran away, I think you could legally
- consider this "resisting a citizen's arrest" and use force to
- prevent it _in_some_states_.
-
- #(I think the answer is to shoot, under
- #Arizona's laws, but I'm not certain what any other laws are. I think
- #that, under Colorado and Oklahoma law, the moment he enters my
- #house, he's at my mercy, no matter what he does, so I'd shoot, no
- #question. What would _you_ do?)
-
- At least under Colorado law, you might get away with it: Without
- evidence to the contrary, it is assumed that someone in your
- home without your permission is a threat. I'm not sure about
- cases where evidence suggests there was no threat (e.g. someone
- shot "execution style", shot in the back, etc...)
-
- Frank Crary
- CU Boulder
-
-
-