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Neighbor With Carry Permit Puts Burglar On The Ground - Chattanooga


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Neighbor With Carry Permit Puts Burglar On The Ground

Monday, August 27, 2012

Police said a neighbor who has a gun carry permit spotted a burglar next door and put the man on the ground.

Officers said James Kelly Glover, 37, of 1421 Wright St., was still lying down with a handgun trained on him when they arrived at the address on Jenkins Road.

Glover is charged with aggravated burglary, theft of property and vandalism.

The neighbor said he saw a man walk through his yard. He said when he went to see what he was doing he saw the man go into the patio of his neighbor.

He said while he was calling police he saw the man come out of the neighbor's house holding two boxes of gold jewelry worth over $500.

The owners of the house where the burglary took place are currently in Ohio for health reasons. The neighbor was watching their house for them.

Edited by jtluttrell
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OK, I will play the devil. Did the neighbor have a legal right to draw on the BG? No one was in imminent danger. From what I can tell, the BG did not have a weapon nor was he threatening the neighbor.

That is where my first thoughts went... will the good guy get charged here?

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Under tennessee's Stand Your ground Law, the guy qualifies as a "resident" due to the home owner requesting that he "Watch" the home while he and his family was away. It can be argued that he was an invited guest at the home and therefor allowed to use his weapon to prevent the BG from committing a felony.See section 1 (a) (3).

http://state.tn.us/sos/acts/105/pub/pc0210.pdf

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Under tennessee's Stand Your ground Law, the guy qualifies as a "resident" due to the home owner requesting that he "Watch" the home while he and his family was away. It can be argued that he was an invited guest at the home and therefor allowed to use his weapon to prevent the BG from committing a felony.See section 1 (a) (3).

http://state.tn.us/s.../pub/pc0210.pdf

Oh cool! That is music to my eyeballs.

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OK, I will play the devil. Did the neighbor have a legal right to draw on the BG? No one was in imminent danger. From what I can tell, the BG did not have a weapon nor was he threatening the neighbor.

quick, does that person there (pick anyone) have a gun? Took too long to decide, you are dead. If confronting a bad guy (which is in itself another whole can of worms.... ask mr zimmerman about that) you MUST assume the person is armed and capable of a fast draw and fire on par with experts ... that is able to draw and fire at you in a blink. The only logical counter to this scenario is to draw first. Due to the unknown status of the enemy (potentially a badass with a hidden weapon and leetzor skills) you are in fact in danger and in fear for your life. Prove me wrong :)

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quick, does that person there (pick anyone) have a gun? Took too long to decide, you are dead. If confronting a bad guy (which is in itself another whole can of worms.... ask mr zimmerman about that) you MUST assume the person is armed and capable of a fast draw and fire on par with experts ... that is able to draw and fire at you in a blink. The only logical counter to this scenario is to draw first. Due to the unknown status of the enemy (potentially a badass with a hidden weapon and leetzor skills) you are in fact in danger and in fear for your life. Prove me wrong :)

I agree. These street criminals can be dangerous. Never underestimate them and never assume they have no training. Also do not over estimate yourself. "You ain't no 17 year old football star any more" and "that 9mm is not going to save you" LOL.

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quick, does that person there (pick anyone) have a gun? Took too long to decide, you are dead. If confronting a bad guy (which is in itself another whole can of worms.... ask mr zimmerman about that) you MUST assume the person is armed and capable of a fast draw and fire on par with experts ... that is able to draw and fire at you in a blink. The only logical counter to this scenario is to draw first. Due to the unknown status of the enemy (potentially a badass with a hidden weapon and leetzor skills) you are in fact in danger and in fear for your life. Prove me wrong :)

I'm still playing the devil: :stir:

1st we ask police officers to do this every day.

2nd what if the BG turns out to be a meter reader with a independent contractor. You are now charged with brandishing a weapon.

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So, if the bad guy did not halt you think it's ok to shoot someone over $500 worth of jewelry?

Yes. Though our state disagrees. I view defense of property as a valid reason for deadly force. However, as I mentioned before, I am legally constrained by the states opinion on this matter.

Edited by Chucktshoes
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Did the neighbor have a legal right to draw on the BG?

Yes.

2nd what if the BG turns out to be a meter reader with a independent contractor. You are now charged with brandishing a weapon.

There is no such law as brandishing a weapon. If you unlawfully threaten someone with a gun; its aggravated assault. But all the elements of the offense need to be there.

Nothing keeps you from asking a meter reader or contractor who they are or what they are doing. But putting them on the ground at gunpoint may well end with you being arrested. A jury will decide if you putting a meter reader on the ground at gun point was reasonable.

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So, if the bad guy did not halt you think it's ok to shoot someone over $500 worth of jewelry?

Chucktshoes answered this rather nicely. I only mentioned the jewelry to establish that we were definitely dealing with a criminal, no matter what his day job may have been (meter reader or whatever). I'm not shooting anyone over $500 worth of jewelry. (or $1000000000 worth of jewelry). I will shoot if my life is threatened.

Now, if the Bad Guy (BG) does not halt, turns, and runs away, I would not shoot him. I'd let him have the jewelry and make my report to the police. But suppose that he does not halt, and advances towards you. Does he have a gun? Does he have a knife? Is he physically more powerful than me? I don't know. If you are in fear of your life at this point, you may have to shoot if he does "not halt". At this point its still not about the jewelry, its about my life being threatened by a BG.

Bottom line, the neighbor handled it well, no one got hurt, and a BG is in custody. Win for the good guys.

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I'm done playing the devil and naysayer. I stay armed, loaded weapons placed various locations about my home. I have risen more than once with a loaded weapon to aid my neighbor. Out where I live, cops are many, many minutes away when seconds count.

Edited by Gun Smith
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