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Legal Question

Posted: 2003-04-17 09:31pm
by Trytostaydead
If you see someone trying to steal your car from your driveway (note: the car is parked in your driveway on your house), can you get in trouble if you start pelting him with a high power pellet or bb rifle?

Posted: 2003-04-17 09:33pm
by Stormbringer
Depends on the state. In general though I think so long as you don't do lasting damage. Some states would be stricter, some Texas.

Posted: 2003-04-17 09:33pm
by Joe
I don't even think you can get in trouble if you shoot him with an actual gun (assuming you try to coerce him into stopping first). Burglars are shot all the time by convenience store owners, so why not car thieves?

Posted: 2003-04-17 09:34pm
by Trytostaydead
Stormbringer wrote:Depends on the state. In general though I think so long as you don't do lasting damage. Some states would be stricter, some Texas.
Really? Texas? I would've thought, "look at my girl the wrong way and pistols at dawn suh!"

But I would've imagine you would have some right to protect your property

Posted: 2003-04-17 10:00pm
by TrailerParkJawa
Depends on the state but in general you are not allowed to use deadly force to protect your car. And yes, the law will consider a bb gun to be a firearm in many places.

What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.

Posted: 2003-04-17 10:02pm
by Stormbringer
TrailerParkJawa wrote:What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.

Texas actually aqquitted a guy that shot a repo man who was trying to take the guy's car in the middle of the night.

Posted: 2003-04-17 10:04pm
by Joe
Stormbringer wrote:
TrailerParkJawa wrote:What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.

Texas actually aqquitted a guy that shot a repo man who was trying to take the guy's car in the middle of the night.
That's ridiculous. It wasn't even his car, what right does he have to defend it?

Posted: 2003-04-17 10:05pm
by Joe
TrailerParkJawa wrote:Depends on the state but in general you are not allowed to use deadly force to protect your car. And yes, the law will consider a bb gun to be a firearm in many places.

What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.
So what can you do? Just sit there and watch the guy steal your car?

Posted: 2003-04-17 10:12pm
by Stormbringer
Durran Korr wrote:
Stormbringer wrote:Texas actually aqquitted a guy that shot a repo man who was trying to take the guy's car in the middle of the night.
That's ridiculous. It wasn't even his car, what right does he have to defend it?
Apparently being texan was right enough. :?

Posted: 2003-04-17 10:20pm
by aerius
Durran Korr wrote:So what can you do? Just sit there and watch the guy steal your car?
Laws are stupid, so in many cases that's all you can do without getting charges filed against you, oh yeah, you can go scream at the person stealing your car and tell him to fuck off and die for all the good that'll do. :?

Let's put it this way, in many states if a robber breaks into your home you are legally required to retreat from your own house and call for help instead of risking a confrontation with the robber. Only in Texas and a few other states can you shoot the fucker dead when he sets foot in your house.

Posted: 2003-04-17 10:23pm
by Sea Skimmer
Depends on the country/state, in some places in America you can kill the person.

Posted: 2003-04-17 10:33pm
by TrailerParkJawa
Durran Korr wrote:
TrailerParkJawa wrote:Depends on the state but in general you are not allowed to use deadly force to protect your car. And yes, the law will consider a bb gun to be a firearm in many places.

What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.
So what can you do? Just sit there and watch the guy steal your car?
You can point a gun at him and demand he leave, if he moves towards you
then shoot. You can call the cops. You cant just walk out and go BOOM BOOM! without any warning.

However, if they are inside the house I think you should be able to kill them dead on the spot.

Posted: 2003-04-17 10:39pm
by kojikun
if you have a "no trespassing" sign up i think you can shoot people. maybe not to death, but i dont think you can get in trouble for shootnig someone in the leg if theyre on your land and you said theyd be shot if they did so.

Posted: 2003-04-17 10:43pm
by Joe
TrailerParkJawa wrote:
Durran Korr wrote:
TrailerParkJawa wrote:Depends on the state but in general you are not allowed to use deadly force to protect your car. And yes, the law will consider a bb gun to be a firearm in many places.

What really pisses me off is people who dont really own the car ( ie: are 4 months behind in payments) who think it is okay to shoot at the repo guy.
So what can you do? Just sit there and watch the guy steal your car?
You can point a gun at him and demand he leave, if he moves towards you
then shoot. You can call the cops. You cant just walk out and go BOOM BOOM! without any warning.

However, if they are inside the house I think you should be able to kill them dead on the spot.
Well, that is essentially the threat of deadly force, isn't it? That was what I said earlier; you can't just grab some submachine guns and start firing if you see someone trying to steal your car, you have to give them the change to stop peacefully.

So if it becomes clear that this guy is going to steal your car, can you do anything? The cops are not going to get there on time, that's just how it is.

Posted: 2003-04-17 10:48pm
by TrailerParkJawa
So if it becomes clear that this guy is going to steal your car, can you do anything? The cops are not going to get there on time, that's just how it is.
Thats a good question. Morally I dont think I should be able to kill him. Legally I dont know what you can do. I wonder if you can beat him and get away this that. I dunno. I would not want to try hand-to-hand cause he is probably meaner and stronger than me.

Posted: 2003-04-17 10:48pm
by DarthBlight
aerius wrote:
Durran Korr wrote:So what can you do? Just sit there and watch the guy steal your car?
Laws are stupid, so in many cases that's all you can do without getting charges filed against you, oh yeah, you can go scream at the person stealing your car and tell him to fuck off and die for all the good that'll do. :?

Let's put it this way, in many states if a robber breaks into your home you are legally required to retreat from your own house and call for help instead of risking a confrontation with the robber. Only in Texas and a few other states can you shoot the fucker dead when he sets foot in your house.
I want to see some state statutes about this. From what I learned, the general rule in America is that you do not have to retreat from your house when threatened with intrusion. It's the "castle" doctrine that is in American and British common law. You do not have to retreat from your domicile. British common law requires retreat to safety except if that means leaving your home. American common law requires no retreat at all. However, I am willing to reconsider this and ask my Criminal Law professor about this, but I want to see some language from statutes.

Posted: 2003-04-17 10:51pm
by Joe
TrailerParkJawa wrote:
So if it becomes clear that this guy is going to steal your car, can you do anything? The cops are not going to get there on time, that's just how it is.
Thats a good question. Morally I dont think I should be able to kill him. Legally I dont know what you can do. I wonder if you can beat him and get away this that. I dunno. I would not want to try hand-to-hand cause he is probably meaner and stronger than me.
The only thing clear here is that he has no moral right to your car. That doesn't give you the right to kill him recklessly, but I would personally say that it gives you the right to shoot him while taking care not to kill him. Maybe in the leg or something. And if he dies in the process, tough shit; he shouldn't have tried to steal your car.

Posted: 2003-04-17 10:57pm
by TrailerParkJawa
Durran Korr wrote:
TrailerParkJawa wrote:
So if it becomes clear that this guy is going to steal your car, can you do anything? The cops are not going to get there on time, that's just how it is.
Thats a good question. Morally I dont think I should be able to kill him. Legally I dont know what you can do. I wonder if you can beat him and get away this that. I dunno. I would not want to try hand-to-hand cause he is probably meaner and stronger than me.
The only thing clear here is that he has no moral right to your car. That doesn't give you the right to kill him recklessly, but I would personally say that it gives you the right to shoot him while taking care not to kill him. Maybe in the leg or something. And if he dies in the process, tough shit; he shouldn't have tried to steal your car.
I agree he has no moral right to your car. However, if you try and shoot him in the leg, a very hard thing to do, and because you did not shoot for center of mass, you miss and hit someone else. Then you should be put in jail for a long time.

Deadly force should only be used when you are threatened like wise, ie) he is in the house, charges you, etc.

Im not saying I dont WANT to kill him, but thats why we have rules. Keeps people from letting their emotions take control.

Posted: 2003-04-17 10:58pm
by Next of Kin
Durran Korr wrote:The only thing clear here is that he has no moral right to your car. That doesn't give you the right to kill him recklessly, but I would personally say that it gives you the right to shoot him while taking care not to kill him. Maybe in the leg or something. And if he dies in the process, tough shit; he shouldn't have tried to steal your car.
A few years back, a couple of young teenage punks tried to break into a neighbour's garage at night. My neighbour heard the punks making a ruckus in his garage and came running outside with his shotgun. As the punks were running, he took aim and got one warning shot in that hit one of the teenagers in the ass! Unfortunately, the cops didn't look to kindly on my neighbour for acting on his own and charged him! :shock:

Re: Legal Question

Posted: 2003-04-17 11:04pm
by BrYaN19kc
Trytostaydead wrote:If you see someone trying to steal your car from your driveway (note: the car is parked in your driveway on your house), can you get in trouble if you start pelting him with a high power pellet or bb rifle?
In my state, if someone breaks into your house you had better not shoot them in the back...... if you do shoot them, you had better make sure they fall inside your house.

I heard a police officer say once, they had better be inside your home and there has to be a clear "threat" to your life or you can be charged.

Also, if they do live they can sue you for damages. Can you believe it? A person breaks into your home, you protect yourself, and the guy can sue you if you ""mame"" him.

Only in Missouri. ROFL!

Posted: 2003-04-17 11:11pm
by aerius
If I could write the laws I'd have the "fair game" rule, if you break into another person's house you are fair game. He can shoot you, maim you, or torture you to death in his basement dungeon for the next 10 years without any possibility of facing charges. As for car theft, "get the fuck away from my car!" *bang!* too late, shouldn't have thought about it in the first place jackass. :twisted:

Posted: 2003-04-17 11:13pm
by Next of Kin
aerius wrote:If I could write the laws I'd have the "fair game" rule, if you break into another person's house you are fair game. He can shoot you, maim you, or torture you to death in his basement dungeon for the next 10 years without any possibility of facing charges.
Does the gimp live in your basement or something? :wink:

Posted: 2003-04-17 11:14pm
by TrailerParkJawa
aerius wrote:If I could write the laws I'd have the "fair game" rule, if you break into another person's house you are fair game. He can shoot you, maim you, or torture you to death in his basement dungeon for the next 10 years without any possibility of facing charges. As for car theft, "get the fuck away from my car!" *bang!* too late, shouldn't have thought about it in the first place jackass. :twisted:
How much monetary value should a piece of property have before you can shoot? Most people have a strong attachment to their car cause it is expensive, always you to work, go to school, etc. But can you shoot him for stealing apples from the tree in your backyard? How about stealing your kids big wheel?

Posted: 2003-04-17 11:17pm
by HemlockGrey
Lesson One: If a person breaks into your home, don't be nice. Shoot to kill. Then it's your word against none.

Posted: 2003-04-17 11:18pm
by aerius
If a perp is determined enough to get past the reinforced windows (shatterproof mylar backing & steel bars) and doors in our house you can bet that he'll be severely beaten and/or stabbed and/or shot repeatedly with a high power pellet gun when he gets inside my house.