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Legality of shooting someone stealing your guns

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  • steelrain82
    Veteran Member
    • Jul 2009
    • 3679

    Legality of shooting someone stealing your guns

    So I walked into my house the other day after coming home from school and the blinds in my room move like someone had just went through them. I instantly thought of my gun and someone stealing it. It ended up just being my cat. O if it was someone trying to escape with my rifle and I pulled my pistol and shot them to prevent escape what would possibly happen.

    Two different worlds but when I was in, if we caught someone stealing weapons we were authorized to use deadly force since it was a threat to national security. Never happened but it was legit order if it happened. So I figure wouldn't it be similar since now with a weapon they would be a threat to society?
  • #2
    The Shadow
    Veteran Member
    • Mar 2010
    • 3213

    If they got one of my guns, they're armed. Nuff said.
    sigpic Speaking about the destruction of the United States. "I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we ourselves must be its author and finisher. As a nation of free men, we must live through all times, or die by suicide. Abraham Lincoln Speech at Edwardsville, IL, September 11, 1858

    Godwin's law

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    • #3
      Grumpyoldretiredcop
      Calguns Addict
      • Sep 2008
      • 6437

      A peace officer can use deadly force against a fleeing felony suspect if the suspect is a proximate danger to the community. A citizen may use deadly force only if they or another person is in immediate danger of death, great bodily harm or injury. That does not include a suspect fleeing with one of your firearms unless they are preparing to fire/are firing at you or another person. Shooting a fleeing theft suspect who has just stolen your firearm, if the person does not pose an immediate threat of death, great bodily harm or injury to you or someone else - and you must be able to articulate the immediate threat; speculation is not sufficient - will land you in state prison. Period.
      Last edited by Grumpyoldretiredcop; 10-06-2011, 11:12 PM.
      I'm retired. That's right, retired. I don't want to hear about the cop who stopped you today or how you didn't think you should get a ticket. That just makes me grumpy!

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      • #4
        taperxz
        I need a LIFE!!
        • Feb 2010
        • 19395

        If they don't point them at you and you shoot them in the back be prepared to be on trial for murder. Not saying you will be convicted! Just be prepared for the wrath of CA.

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        • #5
          a1c
          CGSSA Coordinator
          • Oct 2009
          • 9098

          Originally posted by taperxz
          If they don't point them at you and you shoot them in the back be prepared to be on trial for murder. Not saying you will be convicted! Just be prepared for the wrath of CA.
          Well, in Lake County, not necessarily. Remember the Hughes trial?
          WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

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          • #6
            Doheny
            I need a LIFE!!
            • Sep 2008
            • 13819

            The short answer is that you don't shoot someone (or your cat) for a property crime (theft, in this case.) This would especially be the case if they were already outside of the house and making a run for it.

            Obviously, if someone is in your house and has one of your guns and it's pointed at you, that's a different story.

            .
            Sent from Free America

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            • #7
              taperxz
              I need a LIFE!!
              • Feb 2010
              • 19395

              Originally posted by a1c
              Well, in Lake County, not necessarily. Remember the Hughes trial?
              Who was the sheriff and DA? LOL

              Comment

              • #8
                InGrAM
                Veteran Member
                • Dec 2010
                • 3699

                If they are in your home. Shoot them.

                Comment

                • #9
                  swilson
                  Senior Member
                  • Jan 2011
                  • 732

                  Something strange was going on so I went to investigate. The burglar appeared suddenly inside my home holding a gun. I thought I was going to be shot. I felt threatened and feared for my life, and that's why I shot him officer.

                  Comment

                  • #10
                    Mstrty
                    Senior Member
                    • Nov 2008
                    • 2443

                    Time to repost the Joe Horn 911 call. Not because it is relevant buy just because it is so funny.
                    Last edited by Mstrty; 10-07-2011, 12:20 AM.
                    ~ ~

                    Comment

                    • #11
                      email
                      Veteran Member
                      • Mar 2011
                      • 2503

                      You can't shoot someone fleeing, but it's ok to rip their arm off and beat them with it for about 9 seconds. Then you must stop.

                      Comment

                      • #12
                        a1c
                        CGSSA Coordinator
                        • Oct 2009
                        • 9098

                        Originally posted by taperxz
                        Who was the sheriff and DA? LOL
                        Mitchell and Hopkins. Granted - although Hopkins was not particularly conservative. But that was just a few years ago.

                        Hey, that old lady some weeks ago shot that drunk guy who was trying to get into her house (probably thinking it was his buddy's), and she didn't get prosecuted. Good for her.
                        WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

                        Comment

                        • #13
                          stix213
                          AKA: Joe Censored
                          CGN Contributor - Lifetime
                          • Apr 2009
                          • 18998

                          This is an interesting question

                          What if someone stole a firearm, and you chased them. Then during your chase they aimed it at you, so you then fired.

                          Comment

                          • #14
                            steelrain82
                            Veteran Member
                            • Jul 2009
                            • 3679

                            I understand the whole fleeing aspect of it but I thought about if I visibly see them with a weapon. I wasn't going to shoot my cat, the scenario was just an after thought of the situation and had me wondering. Not only are they stealing, but now they have a weapon and who knows what they are going to use it for. I would think it would be better to stop them then and there then after they have possibly shot someone or given the gun to someone who will.

                            Comment

                            • #15
                              adrenaline
                              CGN/CGSSA Contributor
                              • Jun 2010
                              • 1437

                              Originally posted by stix213
                              This is an interesting question

                              What if someone stole a firearm, and you chased them. Then during your chase they aimed it at you, so you then fired.
                              Or you took a short cut (cut them off) and they ended up facing you with your firearm pointed at you.


                              "I know not what course others may take; but as for me, give me liberty or give me death!"- Patrick Henry.

                              Our Founders Views Regarding the 2nd Amendment - Right to Keep and Bear Arms

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