Legal question about the right to defend property forcefully

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CaveJohnson1

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#1 CaveJohnson1
Member since 2011 • 1714 Posts

I've always kind of wondered about a carjackingscenerio like this;

Say you're getting into your car, and somebody runs up to you, pulls out a gun, and tells you to get out of your car. So you step down, and they procede to get in.

Now what if, while they're distracted, fiddling with your keys, you pull out a concealedhandgun, and blow them away.

Do you get in trouble?

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BMD004

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#2 BMD004
Member since 2010 • 5883 Posts

I don't know what the law is... but you shouldn't.

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CaveJohnson1

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#3 CaveJohnson1
Member since 2011 • 1714 Posts

I don't know what the law is... but you shouldn't.

BMD004

I don't even own a pistol, I'm just wondering.

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Dark__Link

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#4 Dark__Link
Member since 2003 • 32653 Posts
Why do people get out of the car in those situations? What are they gonna do, shoot you? They're probably more scared than you are.
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emorainbo

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#5 emorainbo
Member since 2008 • 3067 Posts

Why do people get out of the car in those situations? What are they gonna do, shoot you? They're probably more scared than you are.Dark__Link
No they will probably hand their weapon to you and say "sorry for the inconvience" and walk away to the nearest police station to turn themself in.

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dodgerblue13

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#7 dodgerblue13
Member since 2004 • 20846 Posts
Why do people get out of the car in those situations? What are they gonna do, shoot you? They're probably more scared than you are.Dark__Link
It's true. I've once seen an attempted carjacking on Dark__Link. He not only refused to leave his car, but he proceeded to parallel park and walk into his house while leaving his car and home unlocked behind him.
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Mind_Mover

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#8 Mind_Mover
Member since 2005 • 1489 Posts

Is it worth taking someones life over loosing your car?

Depends on what would make you loose sleep over more.

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gmaster456

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#9 gmaster456
Member since 2008 • 7569 Posts
No need to blow him away. Just put one is his leg and call it a day.
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TheHighWind

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#10 TheHighWind
Member since 2003 • 5724 Posts

There are a ton of car jackings in South Africa. So this guy attached flame throwers to the sides of his car so when the people went up to steal his car he torched them. He was arrested for manslaughter. So yeah it's a bad idea to kill people trying to steal your car.

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deactivated-5f9e3c6a83e51

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#11 deactivated-5f9e3c6a83e51
Member since 2004 • 57548 Posts

If someone pulls a gun on you and threatens to kill you, I think you have justification right there. If you dont want to get shot, dont pull a gun on someone and say you are going to kill them.

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deactivated-5b19214ec908b

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#12 deactivated-5b19214ec908b
Member since 2007 • 25072 Posts

I'm pretty sure human life is more valuable than a car

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789shadow

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#13 789shadow
Member since 2006 • 20195 Posts

Probably illegal, as he wouldn't be a threat in any way at that point in time, thereby negating self-defense as a defense.

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weezyfb

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#14 weezyfb
Member since 2009 • 14703 Posts
even if i had a gun i wouldn't shoot, not worthy killing a guy over a car
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Nonstop-Madness

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#15 Nonstop-Madness
Member since 2008 • 12861 Posts
its legal unless you do not have a license for that concealed weapon ...... depending on which state you are located in. Its self defense but I have a feeling it also depends where you are located.
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Fundai

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#16 Fundai
Member since 2010 • 6120 Posts

Its Illegal to even point a gun at a bear thats trying to maul your entire family in Canada, so ya, its sadly ilegal.

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NiKva

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#17 NiKva
Member since 2010 • 8181 Posts

I'd just hit him with my car and then go home.

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dackchaar

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#18 dackchaar
Member since 2005 • 3668 Posts

There are a ton of car jackings in South Africa. So this guy attached flame throwers to the sides of his car so when the people went up to steal his car he torched them. He was arrested for manslaughter. So yeah it's a bad idea to kill people trying to steal your car.

TheHighWind

That is amazing! I think people have the right to protect themselves though. If that means killing them, then so be it.

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coolbeans90

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#19 coolbeans90
Member since 2009 • 21305 Posts

Provided that the weapon you use is legal, yeah, as one would legitimately "fear for his/her life".

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coolbeans90

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#20 coolbeans90
Member since 2009 • 21305 Posts

Probably illegal, as he wouldn't be a threat in any way at that point in time, thereby negating self-defense as a defense.

789shadow

Under the described scenario, the other person still has possession of a firearm.

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CaveJohnson1

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#21 CaveJohnson1
Member since 2011 • 1714 Posts

Is it worth taking someones life over loosing your car?

Depends on what would make you loose sleep over more.

Mind_Mover

To be honest, does somebody who tries to take something really important to a persons livelyhood, that a person has to scrimp and save in order to afford really deserve to be alive?

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foxhound_fox

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#22 foxhound_fox
Member since 2005 • 98532 Posts
In Canada, being threatened with lethal force allows one to protect oneself with lethal force against the attacker. A property owner also is allowed to use "reasonable" force to defend their property from being stolen or damaged (which I doubt would ever include lethal force).
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poptart

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#23 poptart
Member since 2003 • 7298 Posts

Why do people get out of the car in those situations? What are they gonna do, shoot you? They're probably more scared than you are.Dark__Link

Well if you're driving around say in Johannesburg then yes, they will most likely shoot you no problem at all.

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ZumaJones07

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#24 ZumaJones07
Member since 2005 • 16457 Posts
If I had a concealed weapon on me, I'd let him drive off and then shoot at the car so it blows up.