a Tennessee perspective

Originally Posted by gregintenn

What if he took your gun away from you?

It is impossible for that to happen on the interweb.

It is impossible for that to happen on the interweb.

Originally Posted by gregintenn

What if he took your gun away from you?

Just like he could catch my fist if I was punching him while he's trying to stand up out of a car.

I guess you guys mostly drive trucks, but I need to use my hands to help me out of my econo-crap coupe. And if someone decides to punch/pistol whip/stomp me in the face, I have 2 options: 1.) Take it in the face like a man. 2.) Try to dodge and fall back into the car.

If somehow this guy was fast enough to grab my hand, then I would discharge the firearm (hopefully into him) and punch/stomp like I have never punch/stomped in my life. I have never met a person who could take me punching and stomping them just to hold onto a gun in my hand that I'm trying to shoot at them.

So yeah. Then I would run up a wall, do a flip and shoot my lasers at him.

How about picking up the stereo he just put on the ground, thanking him for removing it for you (he was using tools, so he did it without breaking anything), ask him how much longer for the GPS, and then start walking toward the house.

Originally Posted by clsutton21

I'd stab the guy in the achille's. see what happens...stab the guy in the arm if he comes at me, or watch him limp away. if he still comes at me, shoot him in the kneecap opposite of the achille's leg. Then kick him to the ground and wait for the cops. that may just be my 21 year old mentality though.

Shoot him in the kneecap? Did they teach that at your HCP class, or did you just not pay attention?

Originally Posted by Phantom6

I would submit that a knee caught in the door of an automobile, slamed by 248 lbs of pressure delivered from my big angry ass would be enough to not only get the BG's attention but let him know just how serious I was in my demand that he immediately cease his criminal activity. If that's not quite enough, then a few blows delivered to a variety of available nerve motor points would I believe, quickly raise the BG's level of compliance.

A handgun is simply one tool in my kit. It is the biggest and baddest hammer I own and is my tool of last resort. If your hammer is the only tool you've got available to you then every problem you encounter damned well better be a nail. Otherwise, you may very well be screwed.

[shamless plug] Shameless plug here: Take our Pressure Point Control and Expandable Baton class in August and let us add some tools to your tool kit. [/shamless plug]

Yeah, lot's of ways to mess someone up with properly placed fingers or thumbs.

Originally Posted by gregintenn

Reason: I'd be very uneasy in such a situation, and the guy's cavalier attitude would further frighten me to the point I'd feel my life was likely being threatened. A normal person stealing a stereo would spook when caught in the act. There's something bad wrong with this guy.

Knowing the guy in MY car has tools and hasn't budged, I'd take a few steps back with my gun raised and wait. The guy will come out of MY car sometime, either because of the police, or because he's finished doing his theiving. Either way, he will then be actively moving in my direction with a weapon (tools). At this point, it will depend on the thief. One wrong twitch and I might shoot. If the guy starts to walk off, he'll get barbs from a tazer in his back. If I feel the need to shoot, there won't be a civil suit from him, as he will be dead. I'll deal with his family later since I am now safe as is my family. I can't say I'm afraid to go to jail nor am I afraid of being in front of a judge and jury. I am however, afraid that if I do nothing, this punkass bitch might come back one day and harm my wife or daughter. That is why something like this needs to be addressed with force of some kind. Doesn't matter if it's the door slammin' on his leg, you letting a dog loose, baseball bats or crowbars, humans tend to learn through force and brutality. This situation is no different.


P.S. I also believe in spanking my child for doing wrong. Now I didn't say "beat" I said spank. Most of these teens commiting crimes usually haven't had any disipline in their lives. I think it's time to step up a adults and teach our children the manners needed for life. I remember my grandmother used whoop me with a skillet when I talked back to her and then when my father showed up I got whooped some more. It only took a time or two until I kept my mouth shut....

Hopefully someone will answer this for me - I understand in TN we can use "reasonable" force to remove a tresspasser or to protect property, and "deadly" force only when in fear of great bodily harm or death. However, in my HCP class we were told very explicitly that if you pull a gun on someone you cannot hold them until the police arrive without opening yourself up to a kidnapping charge (worst case), an assault charge (best case) and a few charges in between the two.
Personally I do not see the DA proceeding with charges just because I opted not to kill someone, but as pointed out by HeroGear you can never tell what an overzealous DA looking to make a name for himself might do. Any comments??

As for the op, I would go with slamming the door on his leg and see what developed from there (provided the police had already been called).

Originally Posted by crotalus01

Hopefully someone will answer this for me - I understand in TN we can use "reasonable" force to remove a tresspasser or to protect property, and "deadly" force only when in fear of great bodily harm or death. However, in my HCP class we were told very explicitly that if you pull a gun on someone you cannot hold them until the police arrive without opening yourself up to a kidnapping charge (worst case), an assault charge (best case) and a few charges in between the two.
Personally I do not see the DA proceeding with charges just because I opted not to kill someone, but as pointed out by HeroGear you can never tell what an overzealous DA looking to make a name for himself might do. Any comments??

As for the op, I would go with slamming the door on his leg and see what developed from there (provided the police had already been called).

You will hear all kinds of internet stories about what you can and can’t be arrested for.
Fact is you can be arrested for anything; then the charges are either filed or dismissed.

I’m certainly not an attorney, but both false imprisonment and kidnapping require that you are acting unlawfully.

If a crime is being committed the following statute gives you the powers of arrest.

My experience (not in this state) has been that the only time charges are brought against the person trying to stop the crime is when the person is mistaken in what they are seeing (no crime is being committed), or use force against someone that is simply trying to flee.

I contend that these classes should have a representative from the local DA’s office there to explain the use of deadly force. If that is not possible, you should seek out clarification on your own. Instructors are like any other job; you have good ones and have those that you wonder how they find their way to work in the morning. Your understanding of the use of deadly force could determine if you live or die or if you spend a long stretch in prison.

40-7-109. Arrest by private person — Grounds. —

(a) A private person may arrest another:

(1) For a public offense committed in the arresting person's presence;

(2) When the person arrested has committed a felony, although not in the arresting person's presence; or

(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.

(b) A private person who makes an arrest of another pursuant to the provisions of §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.

[Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.]