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01-03-2012, 10:03 PM
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#141 | | Junior Member
Join Date: Dec 2011 Location: Southern Pennsylvania
Posts: 12
| Re: Post your Everyday Carry Quote:
Originally Posted by M0nk3y Castle doctrine allows you to shoot and take deadly action without retreating In your own house. Basically if an intruder is in your house...he can be gunned downed and you're perfectly in the right...even if he doesn't have a weapon.
That doesn't stand in public, at least it doesn't in Ohio
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Not only does it stand in public, it stands in public if it happens defending someone else being attacked, as long as it's a good shoot (legal under the law). In Pa, you could always defend yourself in your home - this applies to carrying.
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01-03-2012, 10:29 PM
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#142 | | Senior Member
Join Date: Jul 2009 Location: Warren (S.E.) Mich.
Posts: 896
| Re: Post your Everyday Carry
Deleted
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Fred R. Elias Jr.
Warren, MI. 48091
1.800.837.9200
Last edited by feslope; 01-03-2012 at 10:31 PM.
Reason: Missunderstood previous message
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01-03-2012, 10:52 PM
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#143 | | Senior Member
Join Date: Nov 2008 Location: South Central, Pennsylvania
Posts: 734
| Re: Post your Everyday Carry Quote:
Originally Posted by schv Not only does it stand in public, it stands in public if it happens defending someone else being attacked, as long as it's a good shoot (legal under the law). In Pa, you could always defend yourself in your home - this applies to carrying. | However, if someone is stealing a car from your driveway, you're not allowed to shoot the thief to keep your property. About 6 yrs ago, an older gentleman from my church (retired cop but an extremely nice guy) shot a guy who was stealing his car out of his driveway and killed him. I'm sure it wasn't his intent to kill him, but he still got a few years in jail for 3rd degree.
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Trent
PRD
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01-04-2012, 07:15 AM
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#144 | | Senior Member
Join Date: Jun 2011 Location: Northern, VA
Posts: 1,917
| Re: Post your Everyday Carry Quote:
Originally Posted by TS656577 However, if someone is stealing a car from your driveway, you're not allowed to shoot the thief to keep your property. About 6 yrs ago, an older gentleman from my church (retired cop but an extremely nice guy) shot a guy who was stealing his car out of his driveway and killed him. I'm sure it wasn't his intent to kill him, but he still got a few years in jail for 3rd degree. | Well he did commit murder. I'm not quite sure why you would shoot someone who is stealing you car. If he has a gun I get it, but you can't take someone's life if your life isn't being threatened.
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01-04-2012, 07:31 AM
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#145 | | Senior Member
Join Date: Nov 2008 Location: South Central, Pennsylvania
Posts: 734
| Re: Post your Everyday Carry Quote:
Originally Posted by Flannigan Well he did commit murder. I'm not quite sure why you would shoot someone who is stealing you car. If he has a gun I get it, but you can't take someone's life if your life isn't being threatened. | I'm not saying I disagree. My point was that earlier, someone posted that you can shoot someone if they are in your house, even if they dont have a weapon. So I was basically trying to say that in your house may be one thing, but they can apparently steal your property if it's outside.
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Trent
PRD
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01-04-2012, 09:20 AM
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#146 | | Senior Member
Join Date: Oct 2008
Posts: 225
| Re: Post your Everyday Carry
The key to some of this...and it depends greatly on the jurisdiction and how the law is actually written...is whether a "reasonable and prudent" person would be in fear of their safety or the safety of another. Someone stealing your car from the driveway (with no apparent means or intent of doing you harm) doesn't necessarily meet that standard. A grand jury could always refuse to indict but that can't be counted on.
About fifteen years near where I used to live, two guys held up a jewelry store and ran out. The store owner ran out after them with a handgun and started shooting. The two bandits, already in their getaway car, were both hit fatally and their car, which was in motion, struck a parked car.
The grand jury refused to indict the store owner, which was applauded by the public. The store owner was in no further danger, the suspects were escaping with no apparent threat to anyone else (one can make a case they would be a danger behind the wheel by not wanting to get caught)...but legally the store owner had no right to fire on them. He was very fortunate the Grand Jury wanted to send a message, even though the State's Attorney was legally correct in seeking the indictment for manslaughter.
Now...in an alternate scenario...the store owner shooting the suspects in flight, and their car struck pedestrians or a vehicle carrying passengers and innocents were injured or killed, the Grand Jury may well have made a very different determination in their findings.
Shooting someone is not something to be taken lightly. I carried a sidearm for years as a law officer...on and off-duty. I was prepared to do whatever was necessary to defend my life, my family or the lives of others...but I certainly didn't relish the thought. I was present at shootings and saw the aftermath. I unholstered many times...and I'm happy I never had to actually drop the hammer on anyone. Anyone I shoved the muzzle of my service revolver or pistol into their ear or up their nose did exactly what I told them to do.
I was all about tactics...use of the proper tactics can keep a situation from escalating to the point where lethal force is necessary...it doesn't always work as some are determined to prove something, but it worked for me.
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01-04-2012, 12:19 PM
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#147 | | Senior Member
Join Date: Dec 2010 Location: Pittsburgh PA
Posts: 288
| Re: Post your Everyday Carry
I agree with all of your comments above Gunslinger, except the part about pulling your weapon on someone... that works great as a police officer, however as a civilian, i would follow as Mr. Ayoob instructs "never pull your weapon, unless you plan on using it."
If a citizen reads that and says, i will pull my gun to use as a intimidator, and the 'bad guy' makes a move and the citizen hesitates on what to do, that citizen may whined up dead.
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01-04-2012, 12:45 PM
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#148 | | Senior Member
Join Date: Dec 2009 Location: Southeast, MA
Posts: 12,047
| Re: Post your Everyday Carry Quote:
Originally Posted by duck_commander I agree with all of your comments above Gunslinger, except the part about pulling your weapon on someone... that works great as a police officer, however as a civilian, i would follow as Mr. Ayoob instructs "never pull your weapon, unless you plan on using it."
If a citizen reads that and says, I will pull my gun to use as a intimidator, and the 'bad guy' makes a move and the citizen hesitates on what to do, that citizen may whined up dead. |
Joe citizen...me and you...are forced to play by different rules with it comes to guns. A Police Officer has a layer of protection that's not afforded to you and I; he's employed as a respected member of a law enforcement agency.
Now, I'm not implying not to brandish and use a weapon if the situation truly warrants such action. "You" must quickly assess this situation at hand and determine the course of action.
It's vitally important not to put oneself in jeopardy. Visiting a dangerous section of town, allowing yourself to be drawn into a situation because of the false sense of security slung under your arm does not cut it. If you walk into the lions den you're gonna get bit son..
Additionally, unless you've been trained or have been fired upon in a high stress situation you're truly not prepared. Drawing a firearm, aiming, and engaging your target takes less than 4 seconds. Prior to this you may only have a few more precious seconds to to make this decision.
Trust me, If I truly feel threatened for my life or a loved one enough to where I have to draw my weapon I WILL fire, I WILL be justified and I WILL NOT think about whether or not to allow the perpetrator to strike the first physical blow. If I allow a first strike before I take action, it will more than likely be too late and I would have already lost and possibly killed, and that my friend just isn't acceptable.
Case in point.. 911 Tells Mom 'Do What You Have To Do': Okla. Mom Sarah McKinley Kills Intruder Justin Martin
__________________ BobbyG - 2004 Millennium Yellow Z06 Corvette
Last edited by BobbyG; 01-04-2012 at 12:59 PM.
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01-04-2012, 01:54 PM
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#149 | | Senior Member
Join Date: Apr 2006 Location: Candler NC
Posts: 157
| Re: Post your Everyday Carry
BobbyG, well said, I agree 100%.
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01-04-2012, 02:18 PM
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#150 | | Senior Member
Join Date: Dec 2010 Location: Pittsburgh PA
Posts: 288
| Re: Post your Everyday Carry
great article bobby! I love reading the "armed citizen" section of the NRA magazine every time i get a new issue.
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