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Discussion in 'Legal & Political Archive' started by jp1985, Nov 23, 2012.
Checked ORS found answers. Thanks all. Mods please lock this thread.
If you do a search the ORS have been posted in detail in previous threads.
1. Are these the questions: can I confront or threaten a person with a handgun that is suspected of or committed an known crime? ?
Im not a lawyer.
I would not introduce a deadly weapon into a confrontation over personal property unless you or some one else's life was in danger.
I agree with your instructor. Life or death.
If they had a weapon with the intention of causing you or someone else great bodily harm, drop them.
Otherwise, keep it concealed.
There are people walking amongst us that may not be very impressed with your concealed weapon. If you point your weapon at these people, you better be prepared to use it.
My dad was telling me about a call he responded to in Sacramento county back in the 70s. A Hells Angel had been making problems in a local bar. The bar owner thought he would be a tough guy and take the Hells Angel at gun point and force him to leave. The Hells Angel wasn't very impressed, walked up to the guy, took his weapon, and almost beat him to death with it. He later caught a murder charge in Sacramento county.
Food for thought.
I carry daily. In your example I would have done just as you and only introduced my weapon if my life was in danger, I also carry chemical spray as a non lethal option.
My situation would have been a bit different , my wife's purse is a Maxpedition Fatboy with a loaded Glock 22 and 2 mags. I would hate to look for that in the parking lot...
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Whenever shopping, especially on a day like today when it's going to be a madhouse never ever leave your valuables out of arms reach. That purse should have been over her shoulder the entire time. there are people that go to these sales looking for exactly what your wife did. I'm glad you were able to retrieve here purse without to much being taken but I would definitely take this incident as a lesson for the future.
We had the same thing happen at a medical office. The purse was taken from the waiting area. We looked all over the area, and then noticed that someone had been in one of the restrooms a long time. I stationed myself about 30 feet from the locked door, and when the guy left he wasn't apparently carrying anything, but then I checked the restroom and there was the purse in a corner on the floor, missing her wallet and cell phone. I sprinted to the front door and cut the guy off. We stood nose to nose and I told him he wasn't going anywhere. I'm 6'0" and 235. He was about 5'8" and 165. He started giving me excuses why he had to leave and I repeated that he wasn't going anywhere. By that time the doctor and security had caught up with us, and he turned around and followed security back to the waiting area. On the way, I was walking behind him and noticed that he was fumbling with his belt buckle area under his shirt, and I caught a glimpse of my wife's wallet under his shirt. He was obviously getting ready to ditch the wallet and probably make a run for it. I stepped up to him and told him to hand the wallet over, which he did. At that point I tossed it to my wife and told her to go through it. Everything was still there. He denied there being any cell phone and we never found it. I checked the trash in the restroom and every other place he had access to and never found it. Turns out he had other warrants outstanding, and eventually plead guilty. Restitution was ordered to the tune of $300. I'm taking bets on when we'll see that $300. Luckily, no firearm was ever shown or mentioned.
IN Oregon the only legal reason to point a firearm at a human is for reasons of self defense. You must believe your life or the life of someone else is in danger of harm.
Simple as that.
This is a reason I carry two wallets:
1) small one, buried in front pocket with ID (DL, CPL, greencard, insurance card) and debit cards if I have those on me.
2) regular one in whichever pocket I carry it in with credit cards, cash, membership cards (they might go "oops" if they see the NRA card ) and junk that can easily be replaced.
I've never been pickpocketed but I have always been aware of surroundings. I never understood how women can just dump their whole existence (well, the paper/ID and money versions) on a platter. My wife is getting a little better at it, but I see people seemingly carelessly walking around with it. Oh well.
Good to see you found your stuff back and only a relatively small amount of cash disappeared.
"Serious physical injury"
Yep. Here's the legal definition from ORS 161.015.
“Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
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