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July 12th, 2007, 08:43 AM #1Junior Member
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OT: What are my rights in this situation...
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?
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July 12th, 2007, 08:47 AM #2Junior Member
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Re: OT: What are my rights in this situation...
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?
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July 12th, 2007, 08:49 AM #3Grand Member
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Re: OT: What are my rights in this situation...
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.
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July 12th, 2007, 09:28 AM #4
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July 12th, 2007, 09:51 AM #5Senior Member
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Re: OT: What are my rights in this situation...
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.Never underestimate the value of early training.
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July 12th, 2007, 09:56 AM #6Junior Member
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July 12th, 2007, 10:12 AM #7Senior Member
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Re: OT: What are my rights in this situation...
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.Never underestimate the value of early training.
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July 12th, 2007, 11:16 AM #8
Re: OT: What are my rights in this situation...
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.==============
“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”
~Samuel Adams
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."
~Thomas Jefferson, 1791
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July 12th, 2007, 12:02 PM #9
Re: OT: What are my rights in this situation...
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
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July 12th, 2007, 12:06 PM #10Grand Member
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