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Hypothetical situation: Car theft

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  • YZINGERR
    Senior Member
    • May 2008
    • 1567

    Hypothetical situation: Car theft

    I was thinking about the legality of my thoughts so here it is.

    Simply put, if I awoke to find someone jimmy-ing my car door in my driveway, could I shoot this person with less than lethal projectiles (i.e. bean bag or rubber bullets)?

    What would be the repercussion of my actions?
    Im sure "discharging a firearm in public" would be one?!?
    I am in the San francisco Bay area of CA
    Last edited by YZINGERR; 06-08-2009, 11:47 PM.
    the right of the people to keep and bear arms, shall not be infringed.
    -PUBLIC LAND OWNER-
  • #2
    ST5MF
    Banned
    • Nov 2007
    • 412

    Originally posted by YZINGERR
    I was thinking about the legality of my thoughts so here it is.

    Simply put, if I awoke to find someone jimmy-ing my car door in my driveway, could I shoot this person with less than lethal projectiles (i.e. bean bag or rubber bullets)?

    What would be the repercussion of my actions?
    Im sure "discharging a firearm in public" would be one?!?

    This ain't TX.

    The only smart thing to do is call the PO-PO to report your car stolen.

    Maybe get a description of the guy(?).

    To provoke conflict when you or a third party are in no immediate mortal danger can potentially be more damaging to you in more ways than you care to imagine.

    Say you shoot your non-lethal only to have him or his "shadow" return fire with a "NOT SO NON-LETHAL."

    REMEMBER: This is California Bro- if the crooks don't get you the law will...

    Comment

    • #3
      YZINGERR
      Senior Member
      • May 2008
      • 1567

      Originally posted by ST5MF
      REMEMBER: This is California Bro- if the crooks don't get you the law will...
      You make a good point.
      I realize that CA is for the criminals, I was just wondering..
      I would not be stupid enough to have the shotgun be a condom dispenser, it would undoubtedly be followed up by 00 buck.
      Last edited by YZINGERR; 06-09-2009, 12:16 AM.
      the right of the people to keep and bear arms, shall not be infringed.
      -PUBLIC LAND OWNER-

      Comment

      • #4
        ST5MF
        Banned
        • Nov 2007
        • 412

        Originally posted by YZINGERR
        You make a good point.
        I realize that CA is for the criminals, I was just wondering..
        I would be stupid enough to have the shotgun be a condom dispenser, it would undoubtedly be followed up by 00 buck.
        I am sure you mean "NOT STUPID" enough. Again this is CALI- You launch those 00 buck rounds without being in any mortal danger and kill the scumbag or anyone else you are probably going to do time in the pokey.

        NOT WORTH IT! Not over a "car" any "CAR."

        Comment

        • #5
          YZINGERR
          Senior Member
          • May 2008
          • 1567

          of course, that is why this is hypothetical!
          You cant even shoot a bad PERSON in your own home without severe repercussions and fear of jail time/ lawsuit!!
          the right of the people to keep and bear arms, shall not be infringed.
          -PUBLIC LAND OWNER-

          Comment

          • #6
            ST5MF
            Banned
            • Nov 2007
            • 412

            Originally posted by YZINGERR
            of course, that is why this is hypothetical!
            You cant even shoot a bad PERSON in your own home without severe repercussions and fear of jail time/ lawsuit!!
            "Tactically" if you don't have back-ups with "lethal" devices then a non-lethal device is JUST PLAIN STUPID.

            Comment

            • #7
              SVT-40
              I need a LIFE!!
              • Jan 2008
              • 12903

              Originally posted by YZINGERR
              I was thinking about the legality of my thoughts so here it is.

              Simply put, if I awoke to find someone jimmy-ing my car door in my driveway, could I shoot this person with less than lethal projectiles (i.e. bean bag or rubber bullets)?

              What would be the repercussion of my actions?
              Im sure "discharging a firearm in public" would be one?!?
              I am in the San francisco Bay area of CA
              In a word. NO. You cannot use a weapon like this to stop someone form breaking into your car. Just like the cops would not be justified in the same way.

              Actually the correct term used now for these projectiles is "less lethal". The term "less than lethal" went out of use when some folks died from getting shot by these type rounds.

              Illegal discharge could be a problem as well as ADW.

              Even though the scumbag was trying to break into your car. It does not justify excessive force.

              Get on your cell and call the PD. don't let the scum know you know he's there give good info to the PD so you can I'D. the felon later. Or make a lot of noise and turn on some lights. It will certainly scare him away.
              Poke'm with a stick!


              Originally posted by fiddletown
              What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

              Comment

              • #8
                El Gato
                Senior Member
                • Mar 2009
                • 1613

                No...
                try "commonwealth vs emmons"...1943 is the year if I am not mistaken... and less than lethal means it is sometimes lethal...

                take your gun with you to arrest said miscreant... surely... shoot him out of hand?
                No...
                Greebo, as a matter of feline pride, would attempt to fight or rape absolutely anything, up to and including a four-horse logging wagon. Ferocious dogs would whine and hide under the stairs when Greebo sauntered down the street. Foxes Kept away from the village. Wolves made a detour. Terry Pratchett

                Comment

                • #9
                  tyrist
                  Veteran Member
                  • Jun 2007
                  • 4564

                  Nope and if you kill him with it your going to prison. Bean bag rounds are for aggressive/combative suspects not thieves.

                  Comment

                  • #10
                    BigDogatPlay
                    Calguns Addict
                    • Jun 2007
                    • 7362

                    Locked up for ADW with a firearm almost certainly.... some enterprising DA with an axe to grind might go so far as to charge attempt 187.

                    Wouldn't go there with those rounds, or any kind of round on a property crime.
                    -- Rifle, Pistol, Shotgun

                    Not a lawyer, just a former LEO proud to have served.

                    Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                    Comment

                    • #11
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      They are "less lethal, NOT non-lethal.

                      Don't do it!
                      LASD Retired
                      1978-2011

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

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