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The Range
Firearms Chat
Man holds suspected golf club thief at gun point
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<blockquote data-quote="mbok1947" data-source="post: 2897879" data-attributes="member: 41052"><p>I was just looking at this as a relative newbie here. I really can't judge how appropriate this citizens arrest was without knowing what caused the guy with the gun to believe the suspect had victimized him. In fact it is perfectly legal to make a citizens arrest for a misdemeanor committed in your presence or for a felony with probable cause. In fact during my years on the street I saw quite a few cases where home and/or business owners held burglars and other thieves at gunpoint until police arrived. Most of those cases were not CCW holders taking action; they were property owners stopping a theft. The question in those cases, and I suspect in this one, was not was it legal to detain the suspect at gunpoint. It was if the man truly believed that the described crime had involved the suspoect. The question was and is what can you do if they flee or resist? In those cases the basic rule of CCW responsibility applies: is your life or the life of another threatened, at least to the threshold of serious bodily harm? In this case it was clearly not, but the gun holder did not shoot, so he would be legally sustained.</p><p></p><p>I remember one case from the 1970s that ended quite comically. The owner of a small western wear shop near the Cowboy Hall of Fame had been burglarized and decided to sleep in his shop with a shotgun. Sure enough the burglars came back for more and he apprehended them and called the police. When the first officer arrived he saw the owner in the parking lot with the shotgun with the two burglars tied hand and foot with ropes around their necks thrown over a tree limb. The officer knew the owner and knew of his past burglaries so he asked, basically, what was up?</p><p></p><p>"I'm hangin' these thieves!" he said while puling up on the ropes as the burglars stood nervously on tip-toe. Of course he was just scaring them effectively, since as juveniles everyone knew they would be home with mama by sunrise with barely a slap on the wrist. There were no further issues and that story was good for a lot of approving laughs and cheers at patrol lineups for the rest of the week.</p></blockquote><p></p>
[QUOTE="mbok1947, post: 2897879, member: 41052"] I was just looking at this as a relative newbie here. I really can't judge how appropriate this citizens arrest was without knowing what caused the guy with the gun to believe the suspect had victimized him. In fact it is perfectly legal to make a citizens arrest for a misdemeanor committed in your presence or for a felony with probable cause. In fact during my years on the street I saw quite a few cases where home and/or business owners held burglars and other thieves at gunpoint until police arrived. Most of those cases were not CCW holders taking action; they were property owners stopping a theft. The question in those cases, and I suspect in this one, was not was it legal to detain the suspect at gunpoint. It was if the man truly believed that the described crime had involved the suspoect. The question was and is what can you do if they flee or resist? In those cases the basic rule of CCW responsibility applies: is your life or the life of another threatened, at least to the threshold of serious bodily harm? In this case it was clearly not, but the gun holder did not shoot, so he would be legally sustained. I remember one case from the 1970s that ended quite comically. The owner of a small western wear shop near the Cowboy Hall of Fame had been burglarized and decided to sleep in his shop with a shotgun. Sure enough the burglars came back for more and he apprehended them and called the police. When the first officer arrived he saw the owner in the parking lot with the shotgun with the two burglars tied hand and foot with ropes around their necks thrown over a tree limb. The officer knew the owner and knew of his past burglaries so he asked, basically, what was up? "I'm hangin' these thieves!" he said while puling up on the ropes as the burglars stood nervously on tip-toe. Of course he was just scaring them effectively, since as juveniles everyone knew they would be home with mama by sunrise with barely a slap on the wrist. There were no further issues and that story was good for a lot of approving laughs and cheers at patrol lineups for the rest of the week. [/QUOTE]
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Man holds suspected golf club thief at gun point
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