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Old August 29, 2007, 08:08 PM   #19
James K
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Join Date: March 17, 1999
Posts: 24,383
I think the problem comes in if you have a gun and the BG either has no weapon or his response is to drop his weapon and put his hands up. Now what do you do? Technically, you could make a citizen's arrest (you have memorized "Miranda" haven't you?) or you can hold him for the police. But if he simply walks away, you have no authority to pursue him or to shoot him in the back. If you actually saw him commit a felony (e.g., he killed your wife), all bets are off and I doubt you will be concerned with the nicety of the law.

BTW, the advice by Samurai to run away after shooting someone is very BAD advice. If you fired in self-defense you are innocent; the presumption is that anyone who runs away is guilty. Myths to the contrary, the chances of being caught are very high and it might surprise you how many witnesses there will be to the shooting. So, unless there are extenuating circumstances, like fear of a lynch mob, do not RUN. Call the police if someone else has not done so, and from there on do what they tell you. Don't wise off, don't tell them your gun is too valuable to drop, don't try to explain while holding a gun. Answer their questions truthfully, but don't rant, babble or go into lengthy justifications. If they arrest and caution you (Miranda again), stop talking altogether except to say that you want an attorney.

If you carry a gun on the street, it is best to have an attorney on retainer and have memorized his phone number.

Jim
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