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Does this become illegal at the point of chase?

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  • OUC
    Junior Member
    • Nov 2011
    • 87

    Does this become illegal at the point of chase?

    I just saw this. If this we're California, would it have been legal up to the point where the 71 yr old man chased?



    Two teens were shot and injured by a 71-year-old central Florida man who refused to stand by while the young men allegedly tried to rob an Internet cafe.
    Last edited by Librarian; 07-18-2012, 4:12 PM.
  • #2
    Curley Red
    Banned
    • May 2011
    • 1737

    the way I see it, once the threat is no longer you are suppose to stop. You are suppose to not pursue.

    If I was a juror, I would stand up in the middle of the court and applauded him for doing what the rest of us would have liked to do.


    Too darn funny seeing them run for their lives tripping over each other.

    Comment

    • #3
      avneet
      Member
      • Apr 2011
      • 239

      My own thoughts say that you can't be sure if they are fleeing, or running to take cover. As long as they are running with the weapons, I take that as an active threat.

      Comment

      • #4
        DVSmith
        Cantankerous old coot
        CGN Contributor - Lifetime
        • Dec 2007
        • 3702

        Originally posted by avneet
        My own thoughts say that you can't be sure if they are fleeing, or running to take cover. As long as they are running with the weapons, I take that as an active threat.
        He chased them out the door and stopped. I would consider them a threat as long as they were in the same room and had the ability to cause great bodily harm. I don't think you would have a problem in California. I think the difference is that you would definitely be arrested, booked and then the DA wold decide if you are going to trial.

        Comment

        • #5
          OleCuss
          Calguns Addict
          • Jun 2009
          • 7765

          Yeah, it is fine to pursue at least briefly to make sure that the area is cleared. Don't be shooting at them, however, if it doesn't look like they are preparing for aggressive action.
          CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

          Comment

          • #6
            BlindRacer
            Senior Member
            • Nov 2009
            • 631

            Surprisingly that was a great news report as well. They applauded the man and didn't twist it into him being a criminal.

            I wonder if the man's age had something to do with it. If a 30-40 something man did the same thing... just sayin'

            Hopefully this man stays safe now that one of the two men posted bail. He is a great man that potentially saved many innocent lives that day.

            Comment

            • #7
              corcoraj2002
              Senior Member
              • Dec 2010
              • 636

              There was a longer clip where you could see the shooter lock the door after they fled. I would consider what he did, up to and including locking the door, all part of a good shoot.
              I support the NRA, if you are not in, you can't win.

              Comment

              • #8
                Stonewalker
                Veteran Member
                • Jun 2010
                • 2780

                The thug who fell down still had his gun and was still a threat. This isn't "giving chase", this is making sure the threat is gone.
                member: Electronic Frontier Foundation, NRA, CGF

                Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee

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                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44626

                  Please take note: the only reason this thread on the Florida incident survives here is that the OP asked a reasonable question on behavior.

                  The rest of the discussion goes to the thread in OT.

                  Others in this forum will be deleted.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    Ron-Solo
                    In Memoriam
                    • Jan 2009
                    • 8581

                    Originally posted by DVSmith
                    He chased them out the door and stopped. I would consider them a threat as long as they were in the same room and had the ability to cause great bodily harm. I don't think you would have a problem in California. I think the difference is that you would definitely be arrested, booked and then the DA wold decide if you are going to trial.
                    I handled several situations like this as a CA LEO. Never once did the person get arrested or filed on. Please don't add to the FUD unless you have factual information

                    Originally posted by vantec08
                    . .. . and then charged with Failure to Wash Hands or some rinky-dink thing to throw at the stupid CA public as a consolation prize.
                    If it is a good shoot,you are just spreading FUD.

                    Originally posted by OleCuss
                    Yeah, it is fine to pursue at least briefly to make sure that the area is cleared. Don't be shooting at them, however, if it doesn't look like they are preparing for aggressive action.
                    Very accurate. Once they are no longer a threat, stop shooting. The facts will be viewed individually, based on the info the shooter has at the time of the incident and whether his actions were reasonable based on that info.
                    LASD Retired
                    1978-2011

                    NRA Life Member
                    CRPA Life Member
                    NRA Rifle Instructor
                    NRA Shotgun Instructor
                    NRA Range Safety Officer
                    DOJ Certified Instructor

                    Comment

                    • #11
                      repubconserv
                      Veteran Member
                      • Dec 2010
                      • 3056

                      Originally posted by Ron-Solo
                      I handled several situations like this as a CA LEO. Never once did the person get arrested or filed on. Please don't add to the FUD unless you have factual information



                      If it is a good shoot,you are just spreading FUD.



                      Very accurate. Once they are no longer a threat, stop shooting. The facts will be viewed individually, based on the info the shooter has at the time of the incident and whether his actions were reasonable based on that info.
                      Good to know, Thanks Ron, and everyone else

                      Comment

                      • #12
                        HowardW56
                        Calguns Addict
                        • Aug 2003
                        • 5901

                        Originally posted by OUC
                        I just saw this. If this we're California, would it have been legal up to the point where the 71 yr old man chased?

                        http://gma.yahoo.com/florida-man-71-...opstories.html
                        When they initially turned, he had no way of knowing if they were fleeing or attempting a tactical move to move to cover. I would think once they went through the doorway it was clear that they were fleeing, a defensive posture was appropriate.

                        My 2 cents.... I watched the video, but I didn't go over it in great detail...
                        sigpic

                        Comment

                        • #13
                          Wherryj
                          I need a LIFE!!
                          • Mar 2010
                          • 11085

                          Originally posted by BlindRacer
                          Surprisingly that was a great news report as well. They applauded the man and didn't twist it into him being a criminal.

                          I wonder if the man's age had something to do with it. If a 30-40 something man did the same thing... just sayin'

                          Hopefully this man stays safe now that one of the two men posted bail. He is a great man that potentially saved many innocent lives that day.
                          I suspect that he'll stay safe. The criminals knew that he was armed. They typically prefer to harass unarmed victims-it's much safer.
                          "What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?"
                          -Antonin Scalia, Supreme Court Justice
                          "Know guns, know peace, know safety. No guns, no peace, no safety.
                          I like my guns like the left likes their voters-"undocumented".

                          Comment

                          • #14
                            Maestro Pistolero
                            Veteran Member
                            • Apr 2009
                            • 3897

                            As long as an assailant still has a gun, he can whirl and fire, and he is still a threat. Good shoot IMO.
                            www.christopherjhoffman.com

                            The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
                            Magna est veritas et praevalebit

                            Comment

                            • #15
                              Ctwo
                              Member
                              • May 2011
                              • 182

                              Even the last shot to their backs as the perps had already tripped over themselves running away across the cafe, out of the front door, with their face to the ground, after already being shot? That seems like they are in a "flee-for-life" situation. Did the perps even fire one shot? How many shots did that elderly, white male fire? These are relevant facts.

                              Irrelevant would be, what if that elderly white male was instead a young black man and the perps were old white men? But my question is serious, if you would feel the same way?

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