GTsetGO

but you will still be arrested and charged. you then have to prove to the CA or jury that you thought your life was in danger.

Stea1thy

yeah, but as long as you have a witness, innocent until proven guilty.

i personally would never do this, i would just have a camera and get the peoples license plates and follow them, and call the police etc.

....just giving a violent/vigilante/vengeful alternative.

GTsetGO

true. Still in the good ol Commonweath of VA, you will be charged.

it's not like TX where you can shoot and the cop just says, "Nice shot".

I CC everyday, i like being up to date on the laws so i don't get myself in that predicament.

IEAT50S

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.


I might be willing to do that if someone was stealing my car but I'd have the police on the phone and inform them as well..it would really depend on the situation. I don't think you'd get charged but by law your not allowed to protect your property in VA(with a gun). You can perform a citizens arrest when someone is committing a felony (car theft)

GTsetGO

it's a little retarded yes. I can't pull my firearm on someone unless they are showing a weapon first.

oh well, pays to know the law.

Stea1thy

now that last sentence is very interesting, any wanna post up the exact conditions for a citizen's arrest?
could you legally pull out a gun in the case of a citizens arrest? and would you have to have a ccw permit if you were in front of your house to have a handgun? or would that be considered carrying in public or whatever it is

GTsetGO

in the state of virginia you can open carry all day long if you wanted to, UNTIL it stresses someone out. but the cop will more than likely just ask you put it in your car or hide it away.

a ccw only allows you to carry it concealed. you still cannot brandish the weapon until your life is in danger by someone with a weapon of their own. now that screwdriver that said burglar has when he is trying to break into your car, as soon as he turns to you and points it at you, it can be considered a weapon.

but in the case of a citizens arrest, you have the right to detain the person until the cops show up. you may not use a weapon to detain said person. so i hope you are a strong MF'er.

EEK

im just baffled, that this thread was made over a crx

Stea1thy

maybe its made of 24k gold, you don't know.


dam really? so you can only use physical force? what if they attack you while you're trying to hold them down?

TRU

If you say "well, I thought he was reaching for a gun," that does not exactly put your life in danger...especially if he wasn't. Lying in court is another felony, so you are just setting yourself up for disaster. A car is not worth risking my life; if the person broke into my house where family and friends live, that is different, but a car (unless of course, I am in it) is not something I would confront AND kill someone over unless they pulled a gun on me first. And no, it is not the worst analogy...it is just as stupid as the question the OP posted, and that was the point.