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Resident fires gun when he discovers car prowlers--arrested.

Discussion in 'Legal & Political Archive' started by GuyBMeredith, Jul 15, 2013.

  1. GuyBMeredith

    GuyBMeredith Salem, Oregon Active Member

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    Okay. What is the correct and legal procedure when discovering someone breaking into or damaging your car? On your property?

    I am assuming that a 911 is not going to get a response before damage and escape.

    Personally, I don't value property above life. Even holding a criminal at gunpoint is risking a shooting.

    Did teen party drive neighbor to fire gun? | KOIN.com
     
  2. PDXoriginal

    PDXoriginal PNW Well-Known Member

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    Call 911, his life was not in danger at the time, he was chasing the burglars firing warning shots WHICH IS INCREDIBLY STUPID and only gives the antis fuel.

    While I don't recommend it, but if you do "check on that noise you heard" and find people breaking into your car and it doesn't appear the cops will get there in time; yell, scare them get a good look at their faces if it is safe to do so, ID their getaway car, retreat to safety and only if they turn on you and become a threat to your well being, by all means defend yourself.
     
  3. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    The V.P. said we could fire warning shots in the air with our shotgun right? :funnypoint:
     
  4. Kevinkris

    Kevinkris Aloha Well-Known Member

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    if im not mistaken, you have the right to protect your property. its wrong to tell someone they have no choice but to allow themselves to be robbed.
     
  5. coop44

    coop44 Tacoma ,WA Well-Known Member

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    "I thought he had a gun" works for the police doesn't it?
     
  6. PDXoriginal

    PDXoriginal PNW Well-Known Member

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    Not in Oregon or Washington. Just, because somebody is breaking into your car, you can't just shot them without them being a direct clear and present danger to yourself or others nor can you fire warning shots to scare them.

    Not if you shoot somebody in the back running away and no gun is found or you wildly shoot warning shots and hit a bystander.
     
  7. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    It's NOT legal to use deadly force or even to fire a "warning shot" here in WA just to protect property. Deadly force is only justifiable if it's you, a family member or someone with you faces grave danger.
    In Texas you can shoot to protect property though.
     
  8. PDXoriginal

    PDXoriginal PNW Well-Known Member

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    I'm going to be blunt and I hope some of you listen as it seems there are a few gung ho people here.

    Shoot first and ask questions later and "I thought they had gun" might work for Portland PD, but for us ordinary citizens in this day and age of liberalism, you're in for a world of hurt using that defense without any other substance.

    Let me say that again... in this day and age. Just, because someone says they might have a gun or knife or motions to a covered part of their body, really isn't cause to shoot them, some might even argue you don't have cause to draw your own weapon until you see theirs. But if nothing is clearer, you sure as hell better not pull that trigger until you actually see a weapon and or are in imminent danger. Can also apply if the aggressor has a bat, golf club, blunt instrument, or is in the process of beating you to death with said instruments or fists.

    This isn't Texas, nor would I want people shooting others just for being on their property.

    And again... as we have all seen what applies to Law Enforcement, doesn't exactly apply to us. While they can get away with shooting somebody for saying they have a weapon and reaching for a empty waist band, we can't.
     
    soberups and (deleted member) like this.
  9. U201491

    U201491 Well-Known Member

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    It in some cases may be wrong,...... but you cannot use deadly force, including warning shots for a property crime unless during that crime someone's life is in jeopardy and even then you cannot use warning shots. The intent must be to stop the immediate threat. You mention warning shots and its going to be jail and fine time.
    There at least used to be an exception in Oregon for stopping an arson, but not sure it is still written that way. That's the only plain property crime that "was" on the books permitting the use of deadly force.
    There is one book out there that all should read "IN THE GRAVEST EXTREME" By Massad Ayob.
    It will teach you a great deal.
     
  10. GuyBMeredith

    GuyBMeredith Salem, Oregon Active Member

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    Correct--in the case of arson or harm to yourself or others. I'm not clear on whether arson applies to occupied dwellings only.
     
  11. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Learned deadly force in the Army a lifetime ago. Seems pretty basic, You or someone elses life is in danger. Besides that, even if the law said it was o.k. I wouldn't want to kill a man for stealing my car, tv etc.! Perhaps in a survival/shtf situation my standards would change.
     
  12. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    A former co-worker did just this - he heard someone breaking into his detached garage. He didn't call the police, he grabbed his gun and went out to confront the bad guys. They took off when they saw the gun, and he chased them down the street. When the police arrived (someone else called them), they arrested him and charged him with menacing. In short, if your life or the life of someone else is not in immediate danger, let it go, that's what you have insurance for. Maybe the cops will get them, maybe they won't, but it's not worth your loss of freedom or an arrest over some personal property. As for me, one of my standby options if someone is in my yard, breaking into my car or even my house, I will hit the alarm button on my car remote - it creates a heck of a racket, and if it's one thing bad guys don't want, is attention. If it's at night, I turn on all the flood lights around my house. If anyone is foolish enough to try and break into the house and they get in, it's their fault what will happen next.