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What Happens If You Shoot Somebody during a Citizen Arrest?

curling

New member
Lets say you see your neighbors house being robbed and you grab your pistol, shotgun or ak(whatever is handy) and you go outside and say freeze your under citizen arrest until the cops get here. Now I am going to ask two different questions.

First, he tries to run at you and you kill him.(pretty sure that is legal for self defense)

Second, he runs away and you tell him to freeze and he doesn't could you shoot him in the leg legallly?
 
Curling,

He doesn't have to do anything you tell him to since the whole citizen's arrest has no merit or legal basis. If you shot him you would most certainly be charged because you were never in danger, especially if you shot him while he was leaving.
 
Mountain Muscle said:
Curling,

He doesn't have to do anything you tell him to since the whole citizen's arrest has no merit or legal basis. If you shot him you would most certainly be charged because you were never in danger, especially if you shot him while he was leaving.

What do you mean the citizen arrest thing has no merit? Are you sure? Yea, I kinda figured you couldn't shoot him when he was leaving unless you had an extra gun to stick in his dead hand.
 
In Texas it probably doesn't matter...only half kidding. Generally, you have to perceive yourself or another in imminent physical danger and not be able to escape the situation. I believe Texas may have a homestead exemption so you don't have to retreat from your own house.
 
Come on guys get serious. This could happen one day and we could all use the knowlege to keep us out of jail.
 
curling said:
Come on guys get serious. This could happen one day and we could all use the knowlege to keep us out of jail.

you want a more serious answer? ok, fine.

YOU CAN NOT DO THAT OR YOU WILL GO TO JAIL.

and you'll get sued as well.

the ONLY good thing about Texas is you can protect your property with deadly force. so if it is YOUR house, well, you konw your state laws better than i do.

now if you knew your neighbors were out of town, you saw something going on over there, you went to investigate, their house was being robbed, and one of them came to attack you, then you would be allowed to defend yourself.

if you go over, tell them their under a "citizen's arrest," they're gonna laugh at you then bend you over and ass rape you.

if you hold them at gunpoint until the police arrive, i wouldn't be suprised if you got in some sort of trouble UNLESS they physically attacked you or attempted to and you were only holding them at gunpoint as a means of self-defense (so they didn't beat your ass).

if you confronted them, they ran, and you shot at them, kiss your house and anything else you own goodbye if you hit one of them. criminals have rights, and they'll get a lawyer to rape you with no lube faster than AAP and Wodin can come up with new Curling jokes.

so best bet - call the cops, get a license plate number, hell, if you're dumb, err, ballsy enough, go wait by their getaway truck so they can't leave. of course, you might get shot in the process, but if that's the risk you're willing to take, then so be it. if you want to be a "Good Citizen" you can get as much info about them as you can (getaway truck, physical description, pictures/video even).


IBCurlingconfrontsrobbersaftercallingcopsandcopsshootCurlingwhilehe'sholdingrobbersatgunpoint
 
crak600 said:
you want a more serious answer? ok, fine.

YOU CAN NOT DO THAT OR YOU WILL GO TO JAIL.

and you'll get sued as well.

the ONLY good thing about Texas is you can protect your property with deadly force. so if it is YOUR house, well, you konw your state laws better than i do.

now if you knew your neighbors were out of town, you saw something going on over there, you went to investigate, their house was being robbed, and one of them came to attack you, then you would be allowed to defend yourself.

if you go over, tell them their under a "citizen's arrest," they're gonna laugh at you then bend you over and ass rape you.

if you hold them at gunpoint until the police arrive, i wouldn't be suprised if you got in some sort of trouble UNLESS they physically attacked you or attempted to and you were only holding them at gunpoint as a means of self-defense (so they didn't beat your ass).

See this is BS why couldn't I hold them at gunpoint until the cops got there? I mean they are thiefs. Let's make the example more interesting. Lets say I observed some weirdo molesting a kid could I not hold him at gunpoint until the cops got there?

Also crack, my GSXR fell over while parked in a parking lot and it scratch the rear fender well under the passenger seat? Can I get that repainted at a body shop?
 
curling said:
See this is BS why couldn't I hold them at gunpoint until the cops got there? I mean they are thiefs. Let's make the example more interesting. Lets say I observed some weirdo molesting a kid could I not hold him at gunpoint until the cops got there?
because you would have to be able to legally carry a firearm across a property line.

in the case of a weirdo molesting someone, well, that is sexual assault, and so you would be able to use force legally in order to defend them.

people arent property though. lethal force and property defense dont mix well in most places
 
GoldenDelicious said:
because you would have to be able to legally carry a firearm across a property line.

Well I live in texas can't we do that? I don't understand why you couldn't carry a gun over a property line especially to protect a neighbors property. I am sure the neighbor wouldn't mind.
 
the thing to do would be - get your gun and some duct tape.

scare his ass with the gun, if he doesn't run, duct tape his ass to the chair or something - once he is secure go put your gun back inside.

you could buy a pair of handcuffs to keep around for this purpose too (or for the wife, whichever)

point the gun at his head, throw him the handcuffs and tell him to cuff himself to something
 
A citizens arrest has as much merit as a peace officer arresting,its just you as a citizen have different powers of arrest then peace officers
 
Classic curling thread.



Although, not quite as good as the "Would we have won he Alamo if we had the gun from Predator?" thread.
 
When in doubt remember the government likes having a monopoly on violence and murder. Regardless, you're gonna be hassled and may have to go through an expensive trial even if you're 100% justified.
 
JavaGuru said:
In Texas it probably doesn't matter...only half kidding. Generally, you have to perceive yourself or another in imminent physical danger and not be able to escape the situation. I believe Texas may have a homestead exemption so you don't have to retreat from your own house.

Let some bastard come on my property and threaten me and then move towards me. I'll probably kill his ass and I will not go to jail.
 
Some shit for brains showed up at my door a few months ago and asked if so and so lived here. I said no and he asked for my I.D. I said, "Who the hell are you." Without even showing me any identification he said, "I serve warrants and I'll call the cops right now if you don't comply." I said, "Go call them and get the hell off of my property." I followed him to his truck. My sister was afraid that I was gonna beat his stupid ass. He ended up apologizing and said that he wasn't use to being treated like that. Just because I live in a Red state doesn't mean I'm a dumb ass like most of them.
 
curling said:
See this is BS why couldn't I hold them at gunpoint until the cops got there? I mean they are thiefs. Let's make the example more interesting. Lets say I observed some weirdo molesting a kid could I not hold him at gunpoint until the cops got there?

Also crack, my GSXR fell over while parked in a parking lot and it scratch the rear fender well under the passenger seat? Can I get that repainted at a body shop?

someone molesting a kid, beating the shit out of someone, raping someone...those are all 100000000000000% different than property crimes. even in one of those instances, however, you're best off trying to stop the encounter before shooting ("STOP OR I'LL SHOOT" type deal) UNLESS the person is about to be knifed/curb kicked/given life threatening injury. this is a totally different subject from shooting someone because you wanna play Johnny Q Law and stop some burglars.

you could hold them at gunpoint, but i don't think it'd be a wise decision to be standing there with your finger on the trigger taking aim when the cops showed up. say you've ordered both of them face down on the ground hands on their heads and they've complied. at this point, they can't see you, you don't need to hold steady aim on them. even then, what are you going to do if they get up? shoot? Murder 1 buddy, see ya, been nice knowing ya.

of course, the BEST course of action is always to do SOMETHING rather than nothing. the bystander effect is amazing. i'm not digging up the info, so this is from memory...in the 60s some woman was brutally raped and killed out in an alley in NYC (i think) at 2-3 am. the attacker didn't finish the job the first time, so he had to come back 2 more times. over 30 people in their apartments heard what was going on, her screaming for help, etc, and it was 50 minutes before someone called the cops. how could this be? well, everyone thought someone else had already done something about it so they just let it go while the woman died.

so do like i said - call cops, get license plate number, vehicle description (VIN number if you can as well), offender's description, THEN you can go ahead and try to intervene. if you just go and intervene and they run off, the cops are gonna get mega pissed at you. if you get all that info first, the cops might show up before you have a chance to intervene (might, might not, depends on if it's break time or not).
 
crak600 said:
of course, the BEST course of action is always to do SOMETHING rather than nothing. the bystander effect is amazing. i'm not digging up the info, so this is from memory...in the 60s some woman was brutally raped and killed out in an alley in NYC (i think) at 2-3 am. the attacker didn't finish the job the first time, so he had to come back 2 more times. over 30 people in their apartments heard what was going on, her screaming for help, etc, and it was 50 minutes before someone called the cops. how could this be? well, everyone thought someone else had already done something about it so they just let it go while the woman died.

s.

I remember that story. It is a sad state of affairs but that is what happens when you live in a blue state. If that would have been texas, they women would be alive to day and the man would have beaten and skinned alive.
 
biteme said:
Some shit for brains showed up at my door a few months ago and asked if so and so lived here. I said no and he asked for my I.D. I said, "Who the hell are you." Without even showing me any identification he said, "I serve warrants and I'll call the cops right now if you don't comply." I said, "Go call them and get the hell off of my property." I followed him to his truck. My sister was afraid that I was gonna beat his stupid ass. He ended up apologizing and said that he wasn't use to being treated like that. Just because I live in a Red state doesn't mean I'm a dumb ass like most of them.

i remember that story :lmao:


Curling - the "color" of your state has nothing to do with that. bah, i'll go hold this conversation with my wall. at least the wall can't try to argue some rediculous point that makes no sense anyway.
 
crak600 said:
i remember that story :lmao:


Curling - the "color" of your state has nothing to do with that. bah, i'll go hold this conversation with my wall. at least the wall can't try to argue some rediculous point that makes no sense anyway.

I am not argueing the point with you bro. I am just saying in Texas that would not have happened. People in New York are assholes. I can't blame them for being assholes they just are. It is what happens to people when you urbanize them in big cities like that.
 
curling said:
Lets say you see your neighbors house being robbed and you grab your pistol, shotgun or ak(whatever is handy) and you go outside and say freeze your under citizen arrest until the cops get here. Now I am going to ask two different questions.

First, he tries to run at you and you kill him.(pretty sure that is legal for self defense)

Second, he runs away and you tell him to freeze and he doesn't could you shoot him in the leg legallly?


Im sure this has been covered....

1 - if he is unarmed...you will be arrested as it must be a direct threat to your life to used deadly force.

2 - gonna burn again.
 
curling said:
I am not argueing the point with you bro. I am just saying in Texas that would not have happened. People in New York are assholes. I can't blame them for being assholes they just are. It is what happens to people when you urbanize them in big cities like that.

i'm sure similar things have happened in texas. it happens everywhere and has been studied.

i've driven though texas a number of times. the place is pretty damn desolate for the most part, but there are still major cities.
 
GoldenDelicious said:
because you would have to be able to legally carry a firearm across a property line.

in the case of a weirdo molesting someone, well, that is sexual assault, and so you would be able to use force legally in order to defend them.

people arent property though. lethal force and property defense dont mix well in most places

i see you have a real in depth knowledge of texas law...

you are saying he can not legally carry a firearm anywhere, except around his property? do you know texas' laws regarding ccw or open carry?

texas is probably the most gun-friendly state in the whole US.

curling, i suggest you call up your local police department/DA and ask them, or call and ask to speak with the legal people at the NRA.

the last thing you should be doing is asking some of these people here, especially people that do not even live the in US. how many people here have law degrees again?
 
p0ink said:
i see you have a real in depth knowledge of texas law...

you are saying he can not legally carry a firearm anywhere, except around his property? do you know texas' laws regarding ccw or open carry?

texas is probably the most gun-friendly state in the whole US.

curling, i suggest you call up your local police department/DA and ask them, or call and ask to speak with the legal people at the NRA.

the last thing you should be doing is asking some of these people here, especially people that do not even live the in US. how many people here have law degrees again?

from what i've been told, Texas is a very friendly CCW state.

PA is also pretty CCW friendly.

and i'll have a law degree in, hmmm, 4-5 years maybe. no Curling, i will not be your legal defense.
 
crak600 said:
from what i've been told, Texas is a very friendly CCW state.

PA is also pretty CCW friendly.

and i'll have a law degree in, hmmm, 4-5 years maybe. no Curling, i will not be your legal defense.

Good luck in your pursuit of being an attorney please don't be a plaintiff one. And I haven't shot anybody...yet anyways. :D

Thanks poink I will do that.
 
TheProject said:
We should start a pool on what curling's cause of death will be.

This is morbid as hell. But I will put my money on either old age or getting hit by a cage that runs a light or something. Only thing I think ya'll would "stiff" me if I won. (get it?)
 
curling said:
This is morbid as hell. But I will put my money on either old age or getting hit by a cage that runs a light or something. Only thing I think ya'll would "stiff" me if I won. (get it?)

Hit by a cage?

I just can't decide if you're going to eat it in some freak motorcycle stunting accident where your head is never found, or you'll get shot 43 times trying to perform your citizen's arrest.
 
TheProject said:
Hit by a cage?

A car. That is what we call you people in cars.

I just can't decide if you're going to eat it in some freak motorcycle stunting accident where your head is never found,[/ or you'll get shot 43 times trying to perform your citizen's arrest.

You are one morbid dude.
 
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