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View Full Version : Left my gun in the car at the wrong time?


1919_4_ME
05-22-2005, 9:48 AM
I was reading this story on another forum and thought you guys might want to check it out.

http://www.snipershide.com/ubb/ultimatebb.php?ubb=get_topic;f=1;t=007054

Turbinator
05-22-2005, 8:25 PM
Very interesting. It is a shame that not more of us in CA can carry concealed. Good to see the guy involved made it out ok, though.

Turby

taloft
05-22-2005, 8:37 PM
I couldn't agree more, gun laws hinder law abiding gun owners by making it too difficult for the average owner to carry concealed. Why do criminals never seem to have this problem...

...Oh yeah, criminals don't obey the law http://calguns.net/groupee_common/emoticons/icon_eek.gif

LongBch_SigP226
05-22-2005, 8:42 PM
I guess it can happen to any of us. Just out of curiosity, let's say I was in his shoes at the time.
I thought I would ask these questions because our laws are so screwed up bad guys get off easier than
good guys with good intentions.

1) What happens if I shot and killed the guy with the .45acp? His partners hear the gunshot and freak out.
Then they start killing everyone else in the store. Can relatives of innocent victims come after me for my action?
Saying that if i didn't fire my weapon, they'd been alive.
2) Let's say I shot the bad guy and shattered the window, damaged store shelves, etc... I guess I have to
pay for those?
3) Since it was inside a private property (Autozone), store can sue me for damages, injuries, deaths on
their property too right?

What kind of insurance and lawyer do I need to protect myself legally?

imported_kantstudien
05-22-2005, 9:20 PM
Good thing he was not open carrying in the store because he would have probably been shot on sight. I do not understand why people who can legally concealed carry still choose to open carry. It may be more comfortable, but do they think they are "cool" letting others see the big iron?

imported_EvolutionGSR
05-22-2005, 10:19 PM
DingChavez,

From what I remember from business law in college, you should be protected under the "Good Samaratin Claus." The example that was given is say, you pushed someone out of the way to avoid them being hit by a car, but they fell down and fractured their arm. That person would not be able to sue you for negligence. So from my understanding, here is what I would say:

Scenario 1- No because you shooting one of them didn't make them shoot the others. The actions are independent of each other.

Scenario 2 and 3- No falling under the good samaratin claus.

But im no lawyer and lawyers always have ways of arguing that im right and that im wrong.

Turbinator
05-23-2005, 6:59 AM
I agree that the "Good Samaritan" clause should have an effect - I was trained in first aid, and was told by the instructor (current paramedic in CA) that if you happen upon a scene and opt to administer first aid, you are not liable for any negative consequences stemming from your attempt to assist.

I asked even if this meant that you went in and administered CPR completely WRONG, and she said positively that the "good Samaritan" would still be covered because the victim otherwise would still be suffering if you didn't try to help.

Interesting concept, I guess.

Turby

jnojr
05-24-2005, 9:40 AM
Originally posted by DingChavez:
1) What happens if I shot and killed the guy with the .45acp? His partners hear the gunshot and freak out.
Then they start killing everyone else in the store. Can relatives of innocent victims come after me for my action?
Saying that if i didn't fire my weapon, they'd been alive.

Anybody can sue you for anything. You have to respond in court. No matter what, you're going to be out money.

2) Let's say I shot the bad guy and shattered the window, damaged store shelves, etc... I guess I have to
pay for those?

My response would be "My attorney is looking into your lack of security which caused me to be victimised in your store" That would probably shut 'em up.

3) Since it was inside a private property (Autozone), store can sue me for damages, injuries, deaths on
their property too right?

Less likely. The only interest "the store" has in this matter is their reputation. Unless they could show your actions to be extremely negligent, they have no standing to sue.

What kind of insurance and lawyer do I need to protect myself legally?

Homeowners insurance, I believe, covers stuff like this. Check with your insurance company.

The way I read the post, it seems like QuietShootr never really had time to do anything. In a "take-over" robbery, where the perps rush in screaming and yelling, drawing your weapon is almost certainly going to send things downhill quickly. You've got a choice... figure they're going to kill everyone, draw your gun, and let the dice fall where they may. Or hope they just want the money, leave your gun in the holster, and pray they don't notice it. It's a bad choice either way.