What If?

Discussion in 'Firearm Related' started by tsangster, Aug 31, 2018.

  1. tsangster

    tsangster Member

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    Not sure if this is the proper category - please move if necessary.

    'Hypothetical'
    Home security cameras send alert to cell phones that 'upstanding citizen' is entering vehicle in driveway. Video on cell phone confirms presence of aforementioned 'citizen'. Do you:

    Use microphone on security camera to alert #%^ that you're aware that he's there?
    Use siren on security camera for same purpose?
    Grab weapon and confront? Tactical (sneaky) or with some kind of warning?
    Shelter, Call LE, and wait?
    Other?
     
  2. Wegahe

    Wegahe NRA Instructor

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    Call LE and wait. Never a good idea to confront. Only bad an come from it. Unless you are in the vehicle and said citizen is physically assaulting you then it's not self defense. Also if said citizen is armed you could be killed and unable to call LE to report the vehicle stolen. Using the mic and siren would be acceptable at the time you are calling LE.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    21F7AF92-A49E-499C-A4F3-ED5046F29680.png I'll play Devil's advocate here.

    Snipe him from your upper story window. Without warning. He might have a gun. Heck, he might now have MY gun-- the one I keep in my vehicle.


    He's a felon who used force to break into my locked car. Forcible felony + defense of habitation + malum in se + in flagante delecto = choot him.


    --------------------------------------

    If you disagree with my proposal, say why. If your objection is based on legal rather than strictly humanitarian grounds please state what law I would violate and why my asserted defenses don't justify my actions.
     
  4. GoDores

    GoDores Like a Boss

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    You would violate this law:
    §16-5-1
    (a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

    (b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

    And are not eligible for this defense of justification:
    §16-3-24
    (b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

    Because the observed crime did not meet this definition:
    §16-1-3
    (6) “Forcible felony” means any felony which involves the use or threat of physical force or violence against any person.

    I disagree with your proposal because it would result in life in prison. That’s a long time to worry about dropping the soap.
     
  5. Huckleberry

    Huckleberry Member

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    Yep - better be real careful, and have a real good, and legal reason, for pointing a gun at or shooting a person on your property. Or, it will be you breaking the law, or ending up dead because of perfectly legal self defense by that person.
     
  6. Craftsman

    Craftsman Well-Known Member

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    There is this little button on my car key fob that sets off an alarm. I would probably push it.
    If a perp was truly breaking into MY car, he would be inside my house since I have an integral garage. Castle Doctrine for the win.
     
  7. Bkite

    Bkite PawPaw x 3

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    I'd have my gun ready but not readily visible and confront. My property... my obligation to keep me and mine safe from folk like that. It is not the po po's. If he laid down and waited, no problem... quick movements that made me fear he was going to be something other than passive about my presence then I believe I would be fearing he would get the upper hand in an altercation then I would do what I need to do to protect my self, my family, my castle. It is my responsibility.
     
  8. HCountyGuy

    HCountyGuy Well-Known Member

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    Call the police, announce to the perp you’re aware of his presence via the mic on the security camera, and wait from there.

    Not much to be gained by going out to confront the individual who is just stealing stuff. He could be armed and he could have friends who are armed watching out for him (an increasingly common practice).

    Why place yourself in extra danger by exiting your home? It just opens you up to possible injury, or legal and financial headaches if you end up having to shoot the criminal.
     
  9. moe mensale

    moe mensale Well-Known Member

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    How do you know he's a felon? Beyond that, breaking into an unoccupied vehicle isn't a forcible felony. No choot.

    OCGA 16-1-3(6)
    "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person.
     
    Last edited: Sep 3, 2018