Living in Florida, cases like Burns and Little come to mind.
Scenario: It’s nighttime, and from your window, you see someone has broken into your car and is either rummaging through it or attempting to steal it.
Am I legally allowed to confront the thief with my rifle pointed at them, ordering them to leave or put their hands up? (Without explicitly threatening to shoot if they don’t comply.)
In Florida, you’re permitted to use or threaten non-lethal force to deal with trespassers on your property.
In Burns v. Florida, the court granted immunity because Burns, who was on his property with a loaded rifle in the low-ready position, didn’t specifically reference his gun but continued a verbal confrontation with the trespassers. The court ruled this as force, not a threat of deadly force.
This leaves some gray area. The real question isn’t whether I should confront a thief on my property, but rather, am I legally justified in pointing a gun at a car thief (given I can’t see their hands and reasonably fear they might harm me) and ordering them to leave or get on the ground while I call the police?
If someone offered you the chance to fight to the death for a car, against an unknown number of assailants with unknown skills and gear, would you say yes?
If not, why the hell would you leave your home in this scenario?
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Stay indoors and call the police. You likely have insurance, and hiring a lawyer to defend you if you end up shooting someone could cost over $10,000, which is much more than the cost of a broken window. Additionally, you’ll face significant stress dealing with the criminal justice system afterward.
There’s also the risk that the thief might have an accomplice hiding, ready to attack while you’re distracted with your rifle.
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The smartest thing to do is avoid a confrontation. Call the police. A car aint worth putting your life and families lives in danger.
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From my point of view, I’d be aiming a gun at them, but from their perspective, it would just look like a flashlight.
Police often point guns at people, and it doesn’t count as deadly force unless they actually fire.
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Some argue that pointing a gun and issuing commands could be seen as a threat of deadly force, which is prohibited unless you’re in fear for your life. However, I’m curious if it’s possible to justify this by explaining that once you’ve confronted the criminal, you can’t predict their response, creating a perceived threat of serious harm.
This is lawyer territory, my dude.
I know, just curious on opinions is all
Stay inside and call the police. You likely have insurance, and the cost of hiring a lawyer to defend you if you shoot someone could exceed $10,000, which is much more expensive than a broken window. Additionally, you’ll face intense stress dealing with the legal system afterward.
There’s also the possibility that the thief has a hidden accomplice who could attack you while you’re distracted with your rifle.