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Old July 1, 2009, 03:54 PM   #109
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
It sounds to me like the entire issue may rest on the definition of "immediately" in Section 9.42 Para 2B.


If the law determines that the thief was in "immediate flight therefrom", and there was actually a gun stolen, then it would be reasonable to believe that "the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury." from the same section, para 3B.

Chasing the guy would still have been a stupid thing to do, not calling the police first (or EVER!) was even "stupider" but they may very well get away with it.
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