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Old October 6, 2012, 04:33 AM   #7
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 18,331
Quote:
You can draw or point a gun at the same point when you could shoot someone, not before.
I don't know the laws in your area, but in TX, there is a different (and lesser) standard that must be met to draw/display a firearm as opposed to actually firing it at a person.

In TX, one can legally draw/display a firearm when force alone (not deadly force) is justified while one can only shoot when deadly force is justified.
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...at what point could you hold someone at gun point and what are the legal repercussions?
It is, as far as I know, always safe to say that you can hold someone at gun point when you would be justified in shooting them. However, depending on your local laws, it might be legal to hold someone at gunpoint if they are engaged in certain types of criminal activities and there is no other reasonable way to stop them even in circumstances when deadly force isn't legal. That said, it's generally not a great idea to try to apprehend criminals yourself. If they want to leave, let them--unless it seems very likely that they are simply retreating to cover to renew or stage an atack. In other words, unless allowing them to leave puts you in immediate and serious danger, it's best to let them leave.

Trying to hold someone at gunpoint is dangerous and, from a legal standpoint, it can be problematic both from a criminal and civil perspective. I haven't figured it all out--I tried once and decided it wasn't worth the trouble to untangle it all.

At any rate, I finally realized that I didn't actually WANT to keep criminals in close proximity to me.
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My concern is that as soon as the gun comes out, the perpetrator will run immediately.
That is my hope. Best place for criminals is far away from me and mine.
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The point i'm making is that I shouldn't have to put up with someone coming onto my property and destroying my personal possessions.
You shouldn't have to, but the best use of firearms by civilians is to prevent or stop crimes, not to apprehend criminals and certainly not to punish them for what they've done. Other uses of firearms are either illegal or will place you in significant jeopardy as far civil lawsuits are concerned.
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Did you know that there is a TEXAS State Rifle Association?
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