Dumb Question

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NikatKimber

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If I'm correct, that applies to an intruder in your home. Not someone in walmart.

TITLE 21 § 1289.25. Physical or deadly force against intruder
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

It seems that a lot of people get hung up on the "fear of death or imminent death" and overlook the fact that deadly force can be used to prevent a forcible felony. Kidnapping is considered a forcible felony, so deadly force would be justified. Not a dumb question, by the way.

P.S. I am not a lawyer, don't play one on TV, and I did not stay at a Holiday Inn Express last night.
 

trade_sniper

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If I'm correct, that applies to an intruder in your home. Not someone in walmart.

TITLE 21 § 1289.25. Physical or deadly force against intruder
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony
 

ssgrock3

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jeezus guys, enough of the well should I shoot questions. What did we do to make decisions prior to the internet. There will always be what ifs...had them prior to the 'net, will have them post-net. But if a person is asking should I do (insert gun/shooting/related question) then the best thing is to read and reread the law governing your ccpermit, the ccw handbook, take training and also look deep down inside of yourself and see how you feel about defending yourself,wife, children or the life or someone you may not know. Not killing a bad guy, but defending yourself and loved ones.

I personally am 43 years old and have had a pretty good ride, my children have not had that opportunity yet, but I will do Everything and sacrifice it all to ensure (or do my best) that they do. I say practice and pray that you never have to know this answer in real life. As a father, I do everyday and night.

Cripes man you are a dad, I don't know if you can just shoot them, but for the love of pete, he has YOUR child. Damn sure you need to try to stop them/him. YOU have to use the escalation of force, but if you got my baby, that list is gonna move real quick like if you are not compliant most rickety tick..Start shooting? I don't know, you kid is also in the path of the bullet. THe BG is not gonna get a whole lot of options from me.....him leaving with my baby WILL NOT be one of those choices no matter what.
 

trade_sniper

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If I'm correct, that applies to an intruder in your home. Not someone in walmart.

Hmm... what I get for not reading close enough. Got some crow for my pie?


afatfinch.files.wordpress.com_2007_07_american_crow.jpg
 

Jefpainthorse

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the hypothetical question is set in a parking lot right?

Declare "Stop or I will shoot" as the kidnaper runs away... then send one wide into the car nearest the perp. If that doesnt get his attention nothing will.. short of the "Bruce Willis shot to the head".
If he stops and drops the carseat... you win. Who cares if you have to pay for a car door?

In reality... you wont know what your gonna do till you have to do it.
I'd worry about the pre-emptives first... how did this cat get the jump on you anyway? Situational awarness is priority one.
 

hotwire22

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So a guy has grabbed your kid in its carrier and is running off with him/her and you guys are wondering wether to shoot or not because of the risk of prison or the risk of hitting your kid? If it's the first then maybe you should not carry.... the mindset seems to maybe not be there. The second can be fixed by training.

That said, I cannot imagine a DA in the world filing charges and if he did, a jury convicting someone of shooting some SOB in the back as the guy was running away with your child. He is not taking the kid to Dave and Busters for a grand old time............
 

perfor8

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Another way to put this would be: Is Kidnapping enough cause to stop the threat up to death? And would that be a good shoot according to the court systems..

Yes.

Don't count on someone else to be the sheepdog for your family.

You're the sheepdog.

Kill them.
 

alank2

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Hi,

As to the original question, I absolutely think kidnapping justifies deadly force. You simply have no idea what the kidnapper intends to do and sadly it is usually something terrible.

Would it be illegal to shoot them from behind running away with your child?

But would it be smart?

the mindset seems to maybe not be there. The second can be fixed by training.

You really got to have confidence in yourself to take a shot like that. I am not so sure even massive amounts of "training" would be adequate to take a shot like that. It would be taking a huge risk that your child could be hit.

Then again, you may have no choice. It would depend on the situation.

If they were running with your child (hopefully with your child fighting them!) that would slow them down and you could catch up to them and hopefully approach them at an angle that makes shooting them with considerably less risk to your child.

I would probably fire a shot in a safe direction if possible to get the point across that I am without question going to fight if they don't abandon their actions.

One thing I'm not sure has been mentioned is to never let too much distance get between you and your child in the first place. I am probably more overprotective than most but my 6 year old has the "stay in sight" rule. If he is not in my vision, then he is too far away and needs to get back in my or my wifes vision. No reason to ever get more than a few feet away from a baby...

Good luck,

Alan
 

skyydiver

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I think it has been covered, but I have to add this. Even if you aren't the best shot in the world (God forbid), does your kid stand better odds of surviving a bullet wound or a kidnapping? I say bullet wound.
 

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