Can you hold someone at gun point until cops arrive?

[Daedalus 19]

Never point the muzzle at anything you are not ready and willing to shoot.

 

IMHO, try that in NJ and you will be a guest of the state for quite some time.

[PK90 3,570]

I own guns to protect me & my family, and I'm not one to watch from a window while someone breaks into my car, garage, window, etc. I'm not using a gun to protect my stuff, I'm going out there to protect my stuff and I'm using a gun to protect me. If he bolts, police get a description. If he lays down, police get a suspect. If he advances, police get a body and only my version of events.

+1

[Ray Ray 3,566]

no

[mipafox 438]

IMHO, the only way I would ever point a gun at somebody is if I was going to use it. A gun is not there to de-escalate a situation or settle an argument. It's there to stop the threat before the threat can hurt you or your family.

 

Firearms are used by regular civilians to prevent or stop forcible felonies between 1 million and 2 million times a year in America. 99.9+% of the time the firearm is not fired.

 

Deescalating a situation is what firearms are best at. Don't confuse "Don't pull it if you aren't willing to use it" with "Don't pull it unless you are going to press the trigger." Defensive displays and lines in the sand are extremely effective and legal in most states if you are responding to assault or threat.

[MikeL417 33]

This is gonna open a whole other can o' worms but what are the limitations on using less than lethal force (bean bag, rubber rounds etc.)?

Mike

[Smokin .50 1,907]

Firearms are used by regular civilians to prevent or stop forcible felonies between 1 million and 2 million times a year in America. 99.9+% of the time the firearm is not fired.

 

Deescalating a situation is what firearms are best at. Don't confuse "Don't pull it if you aren't willing to use it" with "Don't pull it unless you are going to press the trigger." Defensive displays and lines in the sand are extremely effective and legal in most states if you are responding to assault or threat.

 

I agree 100% and am here to tell you that it WORKS because I have DONE IT MYSELF! With my 12 ga.! Middle of the night, attempted break-in. Perp still outside by kitchen door, and kitchen windows are open. The sound of a 12 ga. pump going into battery along with my commanding voice made the Perp run turd-scared through my yard and across the highway I live near. Situation was IMMEDIATELY deescalated. NO damage to property or people!

 

Even all of the NRA PPIH drills tell the Student to announce that they have a firearm while backed into a corner in the "safe room" all the while having the Police Dispatcher listening-in LIVE.

 

So, according to some keyboard commandos, after the Perp surrenders, you (the homeowner) can't "hold them" at gun point until the Cops arrive? What are you supposed to do, just let them walk/run away to commit another crime on someone else?? I KNOW this is NJ, but c'mon folks! Stop being scared of your own shadows!

 

That being said, I wouldn't go outside at night being back-lit as an easy target if someone was screwing with a car. Maybe more than one Perp? Is it worth your life to find-out? A home invasion is another story!

 

Dave

[ruger9 0]

This has probably been discussed ad nauseum, so apologies if it has, but...

 

Guy breaks into my house, I tell him I have a gun and will kill him if he doesn't leave, he doesn't leave my home and I kill him (shooting him in the front, because of course the guy would be...ahem..."coming at me".... when I fire )

 

...am I going to jail? Would that be considered "defense of LIFE" (not property) here in NJ? Or is that ALL up to a jury to decide (I actually don't CARE, I'd rather be tried by 12 than carried by 6 anyway.)

[Ray Ray 3,566]

no

 

and yes

[Danno 127]

Funny how most of don't know the real answer.

 

Seeing how this is New Jersey and gun related I'm pretty sure there is no real answer.

[ruger9 0]

Seeing how this is New Jersey and gun related I'm pretty sure there is no real answer.

 

LOL ain't it the truth.

[SMOKIE901 10]

On 9/14/2012 at 9:24 AM, Vzguy said:

I could of sworn I heard Nappen on a gun4hire radio show, say that is was not illegal to point a gun at someone on your property to hold him for cops, it's when you shoot them it becomes the problem in NJ.

Thats a great question! I was wondering myself if its legal to hold a intruder who broke inside your home at gun point while waiting for police. Outside is illegal to brandish a gun even on your own property.  I know also it is illegal to use real handcuffs for a civilians in NJ but zip tie cuffs I believe are allowed. 

I am meeting with Nappen on Tuesday, and will ask these questions. 

[ESB 247]

On 9/14/2012 at 5:55 PM, Vzguy said:

Gun4hire Radio Episode 38 2/19/12 from 53:45 to 58:18 Nappen explains the use of deadly and non-deadly force for N.J.

 

EDIT

 

 

http://www.judiciary.state.nj.us/criminal/charges/justif005.pdf

 

Good Read!

Fixed link.  https://www.njcourts.gov/attorneys/assets/criminalcharges/justif005.pdf

[SMOKIE901 10]

4 hours ago, ESB said:

Fixed link.  https://www.njcourts.gov/attorneys/assets/criminalcharges/justif005.pdf

Shooting a firearm at somebody, or even at a place where the shooter believes somebody to be, is deadly force.  However, pointing or otherwise brandishing a weapon is not deadly force, so long as there is no actual purpose to use the weapon. 

[ESB 247]

What does this mean?  Examples?

"so long as there is no actual purpose to use the weapon."

[Old Glock guy 1,127]

I've never understood the idea of holding someone at gunpoint.  If they say, "Screw you," and walk away, what can you do to prevent them?  Pretty sure you can't shoot them.  Is it just a bluff?

[Mr.Stu 1,922]

34 minutes ago, Old Glock guy said:

I've never understood the idea of holding someone at gunpoint.  If they say, "Screw you," and walk away, what can you do to prevent them?  Pretty sure you can't shoot them.  Is it just a bluff?

Technically, within your home you are justified in using deadly force if the intruder refuses to comply when ordered to surrender. Having said that, personally I'd let them walk if they were no longer a threat.