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Old December 22nd, 2006
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Default Re: If I catch someone casing, can I hold them?

Pointing a gun at someone is assault, and likely reckless endangerment. The usual defense is "necessity", that you had to commit these lesser crimes to avoid a greater harm, such as deterring imminent physical injury.

There's some ambiguity about the distinction between the "use" of deadly force and the "display" of deadly force. The law is clear about when you can shoot someone, it's not so clear about when you can threaten to shoot someone.

I'd just snap a photo of the weasel next time he shows up. Video would be better, showing him lurking around the property, but you also need a clear photo of his face. Be careful about hidden cameras, though, the laws are complex, and I believe that you get in trouble if you use a camera that records both SOUND and COLOR. Picture-only cameras seem to be OK without notice to the public.
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