Duct tape???? You been watching Mythbusters again haven't you??

YOU started the encounter, best to back off before it reaches a point of no return. Duct tape won't kill the kid before cops get there..... With that said, be a good witness.....

 

Duct tape???? You been watching Mythbusters again haven't you??

YOU started the encounter, best to back off before it reaches a point of no return. Duct tape won't kill the kid before cops get there..... With that said, be a good witness.....

Well, a child duct taped to a tire on the outside of a moving vehicle sounds like reckless endangerment to me. We're talking about the old vans that have the spare tire hanging on the back of the van, right?

 

There are a lot of very knowledgeable people on here and some cops. However... Don't rely on the advice of any of them. If you want to know the answer contact an attorney that specializes in 2A cases.

 

Well, a child duct taped to a tire on the outside of a moving vehicle sounds like reckless endangerment to me. We're talking about the old vans that have the spare tire hanging on the back of the van, right?

Exactly

 

Three things have to be in place for justified self defense :

Ability- does the offender have the means to do you harm? This usually means a weapon of some kind or at the least an overwhelming disparity of size, strength or what have you.

Opportunity- Are circumstances in place for them to use their weapon or overwhelming force. (someone with a stick or knife must be within distance to use them)

Jeopardy- Is the offender actually attempting to do you harm at the time.

Remember, these standards are set for a reasonable and prudent person to interpret, meaning someone, not in jeopardy, after the fact thinking about what they might have done in those circumstances.

 

Always ask yourself these questions:

Can I leave? If yes, then do so.
Am I in imminent danger of great bodily harm or death and can I prove it to a jury?

In your case I would avoid a confrontation with the derranged person, while keeping an eye on him until law enforcement shows up.

 

Always ask yourself these questions:

Can I leave? If yes, then do so.
Am I in imminent danger of great bodily harm or death and can I prove it to a jury?

In your case I would avoid a confrontation with the derranged person, while keeping an eye on him until law enforcement shows up.

You have no duty to retreat in a place you are legally allowed to be in, especially your own property. In some cases though retreat (or falling back to reconsolidate) is prudent and it shows you tried to leave but perhaps your safety was in more jeopardy when doing so (turning your back on someone).

 

I was just wondering in the case of me actually saying something to the guy and pretty much starting the whole thing.
I know this is all hypothetical, but I could see it happening....someone runs their mouth about something someone is doing which they believe is wrong and then the other party getting upset at someone noticing this and being quite hostile about it and starting a whole new confrontation on a different level.

 

You'd have to prove your initial confrontation wasn't hostile, more conversational, and the other party went aggressive. It's easier in the regard if there's only one side of the story to tell

 

I believe that you most certainly have the right to protect your stuff and you have the right to use "reasonable" force to do so; meaning you are not limited to standing by while calling the cops. I recall this from the days prior to castle doctrine, in NC at least, where once they were inside you could no longer use lethal force unless faced with a sufficient threat, but you were under no obligation to let them walk out with your TV. The question becomes what is reasonable and the use of the force continuum. Do you start with firm commands, soft hands, hard hands, non lethal weapons? What if they have a weapon that constitutes deadly force? How about disparity of force if there are multiple assailants against you?

I could see where this could get sticky real fast, even if you operate within the legal bounds of reasonable force and it escalates. Personally, I would be in favor of "horse thief" rules. The State has clearly demonstrated complete and total failure with regards to handling criminals ....

 

First there is no citizen arrest in north carolina. If you confront them and it escalates you could be seen as the aggressor.

Second under no circumstances is it legal to use deadly force or the threat of deadly force to stop a theft. This is explained very clearly in the cch clases. Only time deadly force is justified is in a armed robbery.

Remember you have to answer the four questions for deadly force to be justified

Is there a threat of imminent death, serious bodily harm or sexual assault?

Would a person of ordinary firmness reach the same conclusion?

Are you the aggressor?

Is the force excessive?

Sent from a drone circling over your location.

 

One thing we may need to address is our ability to act in the defense of others. Whereas we can shoot a man beating the life out of his girlfriend, if a reasonable person would believe that this mans actions were maliciously putting this child's life in danger, would we not have the right to defend the child?

 

Call the cops and watch from a distance. Do not confront unknown people in the act of doing something wrong you will probably end up on the losing end whether it is physical or legal.

 

Call the cops and watch from a distance. Do not confront unknown people in the act of doing something wrong you will probably end up on the losing end whether it is physical or legal.

While I agree in with this in the case of crimes against property, this was an assault and battery on another person.

On a personal level, I believe I would find it easier to live with myself to act in defense of another as opposed to living the rest of my life knowing that I watched another person kill or main someone while I stood by filming it on my iPhone.

 

In my dreams none of my guns ever seem to work. I have great shot placement in my dreams, but the shots seem to do little to slow down the clown/monster/gangster/angry woman.

I did use a .44 magnum in a dream once, and that worked great, but the monster turned into a dead nun. So yeah, guns in dreams are completely worthless in my experience.

 

In my dreams none of my guns ever seem to work. I have great shot placement in my dreams, but the shots seem to do little to slow down the clown/monster/gangster/angry woman.

I did use a .44 magnum in a dream once, and that worked great, but the monster turned into a dead nun. So yeah, guns in dreams are completely worthless in my experience.

It's a penis thing...sadly...

 

While I agree in with this in the case of crimes against property, this was an assault and battery on another person.

On a personal level, I believe I would find it easier to live with myself to act in defense of another as opposed to living the rest of my life knowing that I watched another person kill or main someone while I stood by filming it on my iPhone.

This is pretty much where I stand.
I see something being done wrong (especially to a child) and I don't say anything? What if that person was getting ready to cause more harm to that child? what if the child was on the verge of death and I could do something to help.

 

Unless you are intent on shooting, you should not draw your firearm. If you draw with the intent to "calm someone down" or whatever, you're gonna get nailed with brandishing and armed terror to the public. You're not an LEO, it's not your job to try to readjust the situation peacefully. Draw to shoot, shoot to kill. Don't ever make a decision with your firearm that has the potential to be turned around on you.

 

Let me rephrase myself, I don't carry a gun for everyone else's protection, I carry it for me and mine. There comes a point in life where your life doesn't mean much to me and I feel no obligation to protect you.

If it was my child then I would intervene to whatever degree I needed to. People die every day in this society and I can't be everyone's savior..... I'm looking for more reasons to NOT shoot you than for reasons TO shoot you....

 

You can what if any situation to death, but your first thought should be to call 911 and be a good witness. Past that, each situation is unique.

 

Let me rephrase myself, I don't carry a gun for everyone else's protection, I carry it for me and mine. There comes a point in life where your life doesn't mean much to me and I feel no obligation to protect you.

If it was my child then I would intervene to whatever degree I needed to. People die every day in this society and I can't be everyone's savior..... I'm looking for more reasons to NOT shoot you than for reasons TO shoot you....

So, if you saw a child being abused to the point of a risk to it's like you would be cool with standing by and watching it die because "it's not my child and people die every day"...good to know.

 

When you carry a firearm, every fight is a possible shooting. Act accordingly, both before and after the confrontation.

A person advancing on you and not complying with your commands while you point a gun at them must be interpreted as someone trying to gain enhanced ability to do you harm (grapple/attempting to disarm you). You can't afford any other assumption.

Again, act accordingly.

 

There are a lot of very knowledgeable people on here and some cops. However... Don't rely on the advice of any of them. If you want to know the answer contact an attorney that specializes in 2A cases.

That is what the NC Justice Department told us to tell our CCH students when asked about justified deadly force.

Asking that advice on a forum is a great way to lose everything you own or end up in prison.

 

Remember if you use deadly force to defend someone else you have to be sure they were not the aggressor. If they were the aggressor it is the same as you being the aggressor and deadly force is no longer justifiable unless you withdraw and clearly communicate to the other person and those around that you are withdrawing.

 

That is what the NC Justice Department told us to tell our CCH students when asked about justified deadly force.

Asking that advice on a forum is a great way to lose everything you own or end up in prison.

Yes, but let's not let it stifle the discussion, I was especially keen on Bailey allowing children to get hurt or killed because it's "not his problem".