Question about gun laws?

[Z ME FLY]

For example, if you get a call from your parents that the place is getting robbed, of course you make sure the cops are called but what if you get there before the cops? Can you have a weapon on you to protect your parents if need be?

Just a question since I saw something on TV.

[Librarian]

For example, if you get a call from your parents that the place is getting robbed, of course you make sure the cops are called but what if you get there before the cops? Can you have a weapon on you to protect your parents if need be?

Just a question since I saw something on TV.

If it's YOU, or you're already there, then the law is fairly clear - after calling for the cops and while waiting for them, you may have a loaded firearm for self protection.

PC 12031

(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve
a mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.

Going from one 'safe' place to another place, possibly the scene of a crime, in response to that possible crime, is much less clear.

[Z ME FLY]

If it's YOU, or you're already there, then the law is fairly clear - after calling for the cops and while waiting for them, you may have a loaded firearm for self protection.

PC 12031 Going from one 'safe' place to another place, possibly the scene of a crime, in response to that possible crime, is much less clear.

Yes I am asking about the later. For example my parents place gets robbed. They call the cops then call me. I rush over with a weapon to try clear the place. Cops then show up later or at the same time.

Like I said I DO NOT PLAN ON THIS HAPPENING I am just wondering

[Turbinator]

Yes I am asking about the later. For example my parents place gets robbed. They call the cops then call me. I rush over with a weapon to try clear the place. Cops then show up later or at the same time.

Like I said I DO NOT PLAN ON THIS HAPPENING I am just wondering

Stop wondering. Clearing a residence by yourself is not a good idea. You are not a cop, I am not a cop, leave room clearing to the guys who get paid to do it.

Your #1 objective should be safety and survival. If using lethal force is justified to meet this objective, then so be it. But, deliberately putting yourself into harms way just so that you can play SWAT and clear a home.. is not a good idea.

Turby

[Black Majik]

Stop wondering. Clearing a residence by yourself is not a good idea. You are not a cop, I am not a cop, leave room clearing to the guys who get paid to do it.

Your #1 objective should be safety and survival. If using lethal force is justified to meet this objective, then so be it. But, deliberately putting yourself into harms way just so that you can play SWAT and clear a home.. is not a good idea.

Turby

I'm not sure his intention is to play SWAT and clear the house himself. It seems his question asks whether he can protect his parents from the intruder.

Can't fault him though, I'd do what it takes to protect my parents too.

[Z ME FLY]

I'm not sure his intention is to play SWAT and clear the house himself. It seems his question asks whether he can protect his parents from the intruder.

Can't fault him though, I'd do what it takes to protect my parents too.

Turby, just so you know I wouldn't try to clear a house myself but would you just stay home if your parents called you telling you they are being robbed? This is of course after they call the police. The police in my area, usually show up 30mins-1hr after my parent's house alarm goes off. If they call the police well it might be awhile? IDK if I could just sit at home knowing that my parents are getting robbed and hope that the cops show up in time.

Black got it right, I am just wondering if this ever does happen would I be able to protect my parents. Not saying it will happen and I will do this, I just would like to know. I saw the story about the parents of the 12 kids being robbed and killed. Made me wonder what I could do if that happened to my family.

[MiguelS]

Last August, my placed was robbed and my mother-in-law got hme first and saw the garage door half way open. She called her son and he went into the house before the police arrived, then called the police. MIL lives with us, but the son does not.

I let them both know (angrily) that never to enter the house again when something like this happens. Let the police handle the situation. Why put yourself at risk.

As for the code, you are not in danger, but then made a danger situation "clearing" a home.

[Z ME FLY]

Last August, my placed was robbed and my mother-in-law got hme first and saw the garage door half way open. She called her son and he went into the house before the police arrived, then called the police. MIL lives with us, but the son does not.

I let them both know (angrily) that never to enter the house again when something like this happens. Let the police handle the situation. Why put yourself at risk.

What if your MIL was home while the place was being robbed?

[emilio]

as hard as it may be, a line has to be drawn between "robbery" and "assault". if your parents called you up and said "we're locked in the bedroom and it sounds like someone is taking stuff from the living room" then they are in no immediate danger. keep them on the phone, show up, but stay low and try to get all the info you can on the perps.

ah, but if they say "we're locked in the bedroom and someone is pounding on the door, threatening to kill us" that's a hugely different situation. in that case you almost certainly must intervene to protect them from an immediately life-threatening situation.

ultimately, no property is worth risking your life over. the lives of your parents, however, certainly are.

there is a point also left unsaid: your parents call and say "we live at 123 blah blah road and someone is breaking in! come quickly!" then they call you and say "son, someone is breaking in! come quickly!" then the cops show up and they see a guy running in the house with a gun...

- emilio

[Z ME FLY]

Thanks emilio! well said

[n2k]

I have had to do this twice. Once at my parents residence and the other at my corporate building .

The scary aspect is not per se clearing the properties, its having a weapon drawn as the police show up to the call.

When I showed up to my company, I called 911 back to inform them that I was at the property with a weapon.

They (the police) have no idea who you are, they just know a person is at the location with a weapon.

Be careful.

[IsaacGlass]

Stop wondering. Clearing a residence by yourself is not a good idea. You are not a cop, I am not a cop, leave room clearing to the guys who get paid to do it.

Your #1 objective should be safety and survival. If using lethal force is justified to meet this objective, then so be it. But, deliberately putting yourself into harms way just so that you can play SWAT and clear a home.. is not a good idea.

Turby

Turby is right, do not put yourself in danger, for all you know you can escalate the situation.

[Turbinator]

What if your MIL was home while the place was being robbed?

MIL?

No comment

Turby

[Greg-Dawg]

Yup, I'm good to go for those in need:


I'm 45 years old and I can put on my gear in less than 10 seconds; be at my parents' side in 2 seconds...since I live in their basement with my XBox360.

[Z ME FLY]

MIL?

No comment

Turby

Haha I forgot MIL.. maybe I should have said dog instead? LOL you would probably go and save the dog but not the MIL