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Old June 21, 2009, 12:27 AM   #117
Shane Tuttle
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Join Date: November 28, 2005
Location: Montana
Posts: 9,443
Quote:
Originally Posted by Skydiver3346
I just really got to think on this (call my attorney buddy) and figure it all out. Best to be prepared for exactly what you would do (when and if something like this ever happened to you). Hopefully it never does.

I just got off the phone with an attorney who told me this:
If someone threatens me (while he is in the commission of a felony, i.e. buglary for example) that I am within my rights to defend myself, especially while on my own property, garage, etc.
One KEY problem, Sky. You didn't tell your lawyer the correct story. The perp never threatened Bill's friend's life. This very issue is the dividing line that provides two drastically scenarios on what to do.

Quote:
Originally Posted by Hornett
From my experience, relying on insurance is just not acceptible.
When I turn in a claim, it goes on record.
Enough claims (like 2 or 3) and my rates go up.
Any more than that and I can get cancelled.
I have insurance because it's the law, but I only use it if my car gets totaled or something catastrophic like that.
Sorry to all the insurance agents out there, but somebody had to say it.
I can't tell you what I would do, really, but I am sure that I would take some kind of unpleasant action against the burglar.
I would want him to be there when the police arrive so he can be arrested.
So, you don't know what you'd really do. That's an honest statement, I'm sure (not being condescending nor sarcastic). I'd want to take reasonable action to keep the perp there until he/she is arrested, also. 100% certain I could? No. But I don't think I'll be playing "security guard" which is observe and report, either.

One issue with your statement about insurance claims is agents rely on you not making a claim on the smaller stuff. You're paying premiums plus you're paying out of pocket to replace the items that are damaged. You lose both ways, the agency wins both. Granted, a $550 stereo isn't worth claiming if your deductible is $500.

Quote:
Originally Posted by Old Wanderer
He is putting stuff on the ground next to my car, where is his car, it better have 4 flat tires...or you are not doing your job.
So, you're performing willful destruction of anothers' property to keep them from destructing yours? Not good. The jury of your peers probably won't be so simpathetic on that one...

Quote:
Originally Posted by Kyo
But I don't know if I would just let them walk away. The thing is, what if you say "don't move or I will shoot" and he moves? Is this morally right? This reminds me of the recent example of the guy who told some kid to leave his yard. He came back and was warned again only to not listen. I would think this would be the same situation. That if I am armed and my instructions aren't followed I would have to fire. Do you shoot him in the leg to prove a point? Do you fire a warning shot?
Your questions are too vague. I wouldn't shoot if he moved to flee. I would if he advanced in a manner that my life is about to end if I didn't fire my gun. No, I wouldn't shoot in the leg to prove a point nor would I fire a warning shot.

Listen up folks. NONE of us are Clint Eastwood in Gran Turino. Everybody get this in y'all's head and this discussion will flow much easier dealing with reality.
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