Hypothetical OC Question

[GetITCdot]

Lets say your walking around in the beautiful weather minding your own business (lets say around a strip mall or other private property that is not in doors.)

A security gaurd/other form of person who has the right from the owner of said private property to enforce that properties policy.

He immediately stops you and asks to see your "gun permit".

You tell him the usual mumbo jumbo.

He then tells you you are not free to go he is calling the police. As we all know this is silly banter and you begin to walk in the direction of the parking lot (it would be obvious that you were leaving said private property)

He then grabs you and FORCES you to halt because he believes you are breaking some crazy law.

You then pepper spray/reverse/etc him.

Do you continue to walk away or do you then call the police and explain you have just been assaulted?

Would the property owner/ security officer be able to sue you?

Have you just opened yourself up to a civil case?

[dlclarkii]

I've always believe rental cops can not make arrest, in other words detain you. If you leave all they can do is give your description to the cops or your license plate number. If they touch you then it's probalby assault IMHO.

[JoeWilliams]

snip

Have you just opened yourself up to a civil case?

They have done so, from you, for the assault and attempted kidnapping committed by their agent.

As for walking away, don't once you've used force, always call the police. And in this case file a criminal complaint against the guard.

[tlgpa]

He has the right to arrest someone.

Just as you have the right to arrest someone.

A citizens arrest, assuming of course he or you are witness to a felony. He's a citizen just as you are.

In your hypothetical you were not commiting a felony. I say beat him down and call the police and report his assault

[dlclarkii]

He has the right to arrest someone.

Just as you have the right to arrest someone.

A citizens arrest, assuming of course he or you are witness to a felony. He's a citizen just as you are.

In your hypothetical you were not commiting a felony. I say beat him down and call the police and report his assault

By beating him down, do you mean shooting out both of his knee caps

[tlgpa]

By beating him down, do you mean shooting out both of his knee caps

No silly, I mean hitting him on the head with the butt of your gun.

[goofin]

By beating him down, do you mean shooting out both of his knee caps

No...the correct method would be ...ankle, knee,wrist,elbo then a swift kick in the sac for good measure. makes you feel all warm and fuzzy!

[GetITCdot]

Your posts are funny don't get me wrong but if you think beating a guy with your gun is OK in this situation I don't agree with you at all.

[tlgpa]

Your posts are funny <---- stop right there. That was the intent.

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[CommonHighrise]

Having worked in the Mall Ninja business, I find it completely plausible for a hired security agent, armed with the latest in plastic dollar store flashlights, to try and physically detain someone visibly armed with a gun.

I would love to see the reaction of some of the logical cops around here, when their dispatcher sends them on a MWAG call from some mall cop, and then a minute later changes the call to a reported assault by aforementioned mall cop on aforementioned MWAG.