OT: What are my rights in this situation...

[Repoman75]

Read this article in the Mcall... this is happening in my town, but not in my development yet.

http://www.mcall.com/news/local/all-...,2507660.story

Now my question is, what rights do I have if I were to wake up at 3 am and see 2 or 3 punks (underage or not) throwing bottles at my house? Let's say they are standing on the sidewalk in front of the house...

I only own a 2 barrel 12 guage shotgun right now, and of course, a Louisville slugger and some Mace. Given those options of weapons (and of course, a good old fashioned beat down with my fists), what are my options if I catch these guys?

What would all of you do?

[Repoman75]

First time poster here so sorry if this is in the wrong section.

Also, I just applied for my CCW permit in Lehigh County.. hope to hear back within 45 days. Then I'm going shopping for a snub nose.. .maybe a .38?

[dgg9]

Originally Posted by Repoman75

Now my question is, what rights do I have if I were to wake up at 3 am and see 2 or 3 punks (underage or not) throwing bottles at my house?

You are understandably pissed off, however that has no bearing on what you are legally allowed to do.

Q: are you in clear, unavoidable, and immediate fear of your life?
A: No -- hence you can't use lethal force.

If YOU attack them physically, you could be arrested. If you escalate and they attack you, you could still take some legal blame.

Call the police and try to catch them on camera. It's not a soul-satisfying answer but it might be your best.

[NineseveN]

Originally Posted by dgg9

You are understandably pissed off, however that has no bearing on what you are legally allowed to do.

Q: are you in clear, unavoidable, and immediate fear of your life?
A: No -- hence you can't use lethal force.

If YOU attack them physically, you could be arrested. If you escalate and they attack you, you could still take some legal blame.

Call the police and try to catch them on camera. It's not a soul-satisfying answer but it might be your best.

Very good advice, not what we want to hear sometimes, but it is what it is.

[TRB]

Originally Posted by dgg9

You are understandably pissed off, however that has no bearing on what you are legally allowed to do.

Q: are you in clear, unavoidable, and immediate fear of your life?
A: No -- hence you can't use lethal force.

If YOU attack them physically, you could be arrested. If you escalate and they attack you, you could still take some legal blame.

Call the police and try to catch them on camera. It's not a soul-satisfying answer but it might be your best.

Spot on.

If you escalate the amount of force being used in a situation it will be you who will have a problem. It will not be good.

In the incidents reported in the article no one was in immediate, life threatening danger. Therefore the use of lethal force in a similar situation would be inappropriate.

[Repoman75]

Originally Posted by TRB

Spot on.

If you escalate the amount of force being used in a situation it will be you who will have a problem. It will not be good.

In the incidents reported in the article no one was in immediate, life threatening danger. Therefore the use of lethal force in a similar situation would be inappropriate.

Ok, forget about lethal force. Can I run outside, punch the guy a few times,and hold him down until the police arrive?

[TRB]

Originally Posted by Repoman75

Ok, forget about lethal force. Can I run outside, punch the guy a few times,and hold him down until the police arrive?

IANAL, but it if there is no threat of bodily harm, punching the bad guy is still escalation of force. Not lethal force, in this situation, but force all the same. It would probably land you an assault charge, maybe with some battery thrown in for good measure. Then there is the problem of the bad guy escalating from there. You throw the punch, he pulls a knife, you pull your gun and shoot him. If I could hazard a guess it would still be on you because you escalated first.

Bottom line in this scenario is do nothing physical except shine a powerful light on them and call the police. Video tape would be the best but good luck on being that ready.

Hopefully Rule or GunLawyer will weigh in on this one.

[LorDiego01]

What type of bottles are they? Are they full?

I'd say open fire and shoot to kill ONLY if they are throwing Molotov Cocktails at you.

Otherwise, do what the fine people here have said.

[1FingrCHan]

Originally Posted by Repoman75

Read this article in the Mcall... this is happening in my town, but not in my development yet.

http://www.mcall.com/news/local/all-...,2507660.story

Now my question is, what rights do I have if I were to wake up at 3 am and see 2 or 3 punks (underage or not) throwing bottles at my house? Let's say they are standing on the sidewalk in front of the house...

I only own a 2 barrel 12 guage shotgun right now, and of course, a Louisville slugger and some Mace. Given those options of weapons (and of course, a good old fashioned beat down with my fists), what are my options if I catch these guys?

What would all of you do?

Double barrel shot gun could got them punks pee their pants, he he heh.......I don't think they want to continue what they are doing after they see that. I don't think PA have a no-brandishing law (correct me, I could be wrong). Another option I would do is to take digital pictures of these punks throwing bottles into your residence. Show them to them cops later. Picture don't lie, and can help you in civil suit.



1FingrCHan

[dgg9]

Originally Posted by 1FingrCHan

Double barrel shot gun could got them punks pee their pants, he he heh.......I don't think they want to continue what they are doing after they see that. I don't think PA have a no-brandishing law (correct me, I could be wrong).

I predict you're wrong. If you wave a gun at someone, that's assault all by itself.