Jump to content

Gresham man arrested after allegedly shooting at phone thieves


Disclaimer

Recommended Posts

  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

then i dont understand the point of having your ccw if your still going to get into trouble for using it!

That's not what a CCW is meant for, the guys life was not in danger, he wasn't even the target of the crime. Having a CCW didn't give him the right to go and fight crime. Not even a police officer could have fired in that situation.

Edited by Tony07R6
Link to comment
Share on other sites

then i dont understand the point of having your ccw if your still going to get into trouble for using it!

Unless you live in Texas, you never have the right to protect property with deadly force.

Link to comment
Share on other sites

Yes, even if it's your dog.

The only time you are allowed to fire your weapon in self-defense is if the situation meets the three qualifications.

1) You didn't cause the situation

2) You've met your duty to retreat from the situation (exception: You're already in your home, or vehicle -- see Castle Doctrine (varies from state to state))

3) You perceived that your life was in danger of mortal harm ("You" in this case is yourself or your immediate family)

So, if your house is burglarized and the burglar is unarmed and doesn't come near you or your kids or your SO, but stays in the front room and steals your laptop... legally, you don't have any grounds to shoot and kill the burglar.

Edited by JRMMiii
Link to comment
Share on other sites

Yes, even if it's your dog.

The only time you are allowed to fire your weapon in self-defense is if the situation meets the three qualifications.

1) You didn't cause the situation

2) You've met your duty to retreat from the situation (exception: You're already in your home, or vehicle -- see Castle Doctrine (varies from state to state))

3) You perceived that your life was in danger of mortal harm ("You" in this case is yourself or your immediate family)

So, if your house is burglarized and the burglar is unarmed and doesn't come near you or your kids or your SO, but stays in the front room and steals your laptop... legally, you don't have any grounds to shoot and kill the burglar.

Ok, since I'm not very knowledgable on this, is it illegal to just draw a weapon on said burgler or would that mean that you caused the situation? Gray area?

Link to comment
Share on other sites

Yes, even if it's your dog.

The only time you are allowed to fire your weapon in self-defense is if the situation meets the three qualifications.

1) You didn't cause the situation

2) You've met your duty to retreat from the situation (exception: You're already in your home, or vehicle -- see Castle Doctrine (varies from state to state))

3) You perceived that your life was in danger of mortal harm ("You" in this case is yourself or your immediate family)

So, if your house is burglarized and the burglar is unarmed and doesn't come near you or your kids or your SO, but stays in the front room and steals your laptop... legally, you don't have any grounds to shoot and kill the burglar.

well thats ridiculous! then whats the point of having a ccw or a weapon if your going to get into trouble no matter what?

Link to comment
Share on other sites

What an idiot. It's people like this that make the rest of the population scared of the law abiding citizen carrying a gun. It's not even like this situation could have been misinterpreted as a danger to someones life. If you don't understand what it takes to have a CHL and carry a firearm, don't do it. You run the risk of making a situation more dangerous, as we have all seen.

Link to comment
Share on other sites

Just make sure you always carry a throw away to plant on the perp.

:cool:

I was going to leave it up to peoples imagination on any creative ways to make the situation lean more in their favor, after the fact.

For example, bullet entry wounds in the BACK of an assailant, probably not a good thing.

Ok, since I'm not very knowledgable on this, is it illegal to just draw a weapon on said burgler or would that mean that you caused the situation? Gray area?

Most civilians aren't going to draw their weapon unless they plan on firing it, but yea it's a grey area. I don't have the research that shows that drawing a weapon will more often than not, escalate the situation rather than diffuse it. If you have legal grounds to draw on someone, then you better be sure you have legal grounds to fire on them.

Of course, this is different if you're a trained Officer of the law.

I can only use terms like 'may' be an issue because you never know whether the prosecutor has an axe to grind with gun owners (politically), or maybe he just doesn't like you and decides to throw the book at 'them types of people that think they can just deal out vigilante justice'.

Link to comment
Share on other sites

What an idiot. It's people like this that make the rest of the population scared of the law abiding citizen carrying a gun. It's not even like this situation could have been misinterpreted as a danger to someones life. If you don't understand what it takes to have a CHL and carry a firearm, don't do it. You run the risk of making a situation more dangerous, as we have all seen.

That's why I don't have one. I don't know all of this. I need to read up on the regs and stuff so that I CAN get one though.

Link to comment
Share on other sites

well thats ridiculous! then whats the point of having a ccw or a weapon if your going to get into trouble no matter what?

Huh? Using a weapon of deadly force CHL or not, is only reserved to combat the risk of an innocent dying. If I stole your bike, are you going to attempt to shoot me? It's a piece of property and it not justified to warrant the use of deadly force. If someone points a gun at your head and you cannot run, you are face with a threat to your life and are justified in your actions to take his life before he takes yours.

Threat to life = deadly force authorized

Threat to property (animals included like JRM said) deadly force is not authorized.

The idea is you are meeting a threat with and equal or lesser force, not greater than the threat is.

Link to comment
Share on other sites

:cool:

I was going to leave it up to peoples imagination on any creative ways to make the situation lean more in their favor, after the fact.

For example, bullet entry wounds in the BACK of an assailant, probably not a good thing..

He spun around during the double tap, thats my story and I'm sticking to it.

But then again I live in the woods so I'd prolly just dispose of the body myself.

Link to comment
Share on other sites

well thats ridiculous! then whats the point of having a ccw or a weapon if your going to get into trouble no matter what?

A CCW has nothing to do with the fact you have to meet the three tenets to use deadly force in self-defense. I just thought the article was interesting because the guy did have his CHL and as Chevy pointed out -- dude is an idiot and should've been trained / known better than to discharge the weapon over an iPhone.

And you WON'T get in trouble if you understand the legal implications of your actions. Not to mention the psychological effects of taking another life -- are you prepared to do that? Really?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...