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Posted: 1/10/2006 1:32:29 PM EDT
[Last Edit: 1/10/2006 1:32:58 PM EDT by James16688]
You have been car-jacked.

Car jacker is driving away from you.

Shoot or no?
Link Posted: 1/10/2006 1:33:30 PM EDT
Bye.
Link Posted: 1/10/2006 1:33:59 PM EDT
No.

Buying a new car is cheaper than renting a lawyer.
Link Posted: 1/10/2006 1:34:00 PM EDT

Originally Posted By James16688:
You have been car-jacked.

Car jacker is driving away from you.

Shoot or no?



Only if I'm armed with a RPG.
Link Posted: 1/10/2006 1:34:54 PM EDT
No way.
Link Posted: 1/10/2006 1:35:02 PM EDT

Originally Posted By James16688:
You have been car-jacked.

Car jacker is driving away from you.

Shoot or no?



Probably no, unless its in Texas; where the whole neighborhood would come out to join you in shooting-up the carjacker. Then everyone would start to make fun of the guy who came out with the PPK.
Link Posted: 1/10/2006 1:35:03 PM EDT
IBTP
Link Posted: 1/10/2006 1:36:25 PM EDT

What if you use the justification that you have a trunk gun in the vehicle, and if the carjacker found it he would use it to kill people?

Link Posted: 1/10/2006 1:36:44 PM EDT
No way!....Nuke em from space...its the only way to be sure...

Seriously, not a chance...unless my wife or kid are on board....then if I have a clear shot I think I would.
Link Posted: 1/10/2006 1:37:40 PM EDT
If i was a hollywood action star, i'd probably shoot, but in real life, i'd just let them steal my car, call the police & let the insurance take care of it.
Link Posted: 1/10/2006 1:41:39 PM EDT
'course not, timing is everything.

Link Posted: 1/10/2006 1:41:51 PM EDT
In town, I would only shoot if I had a good shot and there were kids/girlfriend in my his truck.

In the boonies? He is one dead fucker.

This choice is due to collateral damage, but in that situation, I really doubt that I would be out of my truck without being shot or shooting the carjacker.
Link Posted: 1/10/2006 1:42:18 PM EDT
Isn't it just possible that ANY answer here could be used against you in the future if you have the unfortunate scenario of having to use your gun?

What if you say yes, and the opposing attorney uses it to prove you're gun-happy? What if you say NO here, and you end up shooting in the same or near same scenario? They would go after why you changed your position....

I'm suggesting that it might be better to reserve "what would you do" for yourself to prevent anyone from ever accusing you of having a predetermined position on shoot/don't shoot scenarios.

JMHO.

HH
Link Posted: 1/10/2006 1:43:14 PM EDT
Just shoot him before he completes the jack.....
Link Posted: 1/10/2006 1:43:43 PM EDT
Link Posted: 1/10/2006 1:44:37 PM EDT
Link Posted: 1/10/2006 1:46:09 PM EDT
You'd have to see my truck to fully understand my answer...

Now, what's the number for my insurance agent.. ?
Link Posted: 1/10/2006 1:49:05 PM EDT

Originally Posted By amk5222:
Just shoot him before he completes the jack.....



+1 Then it turns into an etiquette question. Do you roll the window down before doing a mag dump? And is it polite to continue shooting once the jacker starts to fall?
Link Posted: 1/10/2006 1:49:09 PM EDT
I think my adrenaline would be pumping far too much for me to actually become vindictive/angry and subsequently fire at him.

not to mention the ensuing legal battle
Link Posted: 1/10/2006 1:49:41 PM EDT

Originally Posted By AvengeR15:
What if you use the justification that you have a trunk gun in the vehicle, and if the carjacker found it he would use it to kill people?




The family of the driver would hire an attorney who would use the fact that you not only had a gun on you, but also a "trunk gun" to show that you are a gun toting whacko who was just itching to kill someone. Jury finds you responsible for the wrongful death, and you now owe the car jacker's family $12 million.

Link Posted: 1/10/2006 1:50:57 PM EDT
[Last Edit: 1/10/2006 1:52:16 PM EDT by ZitiForBreakfast]
Let him go...Once he drives away the threat to you is gone and the anti gun law enforcement people here in Michigan would have a field day with you...It would be like a wet dream come true for them.

You all remember that guy in someother country who grew tired of being car jacked so he devised a flame thrower unit that engulfed the drivers door (outside) with flames?

I heard he used it once, never heard the out come of the story.

Link Posted: 1/10/2006 1:53:29 PM EDT
I would remind him to burn it to get rid of any evidence, when he is through with it.
Link Posted: 1/10/2006 1:54:46 PM EDT

Originally Posted By AvengeR15:
What if you use the justification that you have a trunk gun in the vehicle, and if the carjacker found it he would use it to kill people?




Are you kidding? That is not "justifcation" to use deadly force in any state I am aware of.
Link Posted: 1/10/2006 1:55:10 PM EDT
well I would shoot, I have in the past and yes most likely they will sue in civi court, so to stop this make sure the fellow is dead. I've been sued but only buy the guy that lived, none of the dead ones family sued, and that time the insurance company caved before we even made it to court
Link Posted: 1/10/2006 1:57:49 PM EDT
[Last Edit: 1/10/2006 1:58:36 PM EDT by COLT6721A3]
Depends on how good a lawyer you have ...

Basically .. the felony has already been committed so using deadly force is not preventing a felony ... merely retaliation. A good lawyer could argue the deranged lunatic that stole your car was out to kill and hurt others so there if you shot and killed him you did prevent other felonies ...
Link Posted: 1/10/2006 1:58:49 PM EDT

Originally Posted By FALARAK:

Originally Posted By AvengeR15:
What if you use the justification that you have a trunk gun in the vehicle, and if the carjacker found it he would use it to kill people?




Are you kidding? That is not "justifcation" to use deadly force in any state I am aware of.



to keep a firearm from being stolen yes it is, I have and was told by a judge I did the right thing
Link Posted: 1/10/2006 2:00:41 PM EDT
HELL NO!

unless my wife is in the car, then I shoot to get him to stop and tell him, this isn't a loan



Gary
Link Posted: 1/10/2006 2:01:29 PM EDT

Originally Posted By COLT6721A3:
Depends on how good a lawyer you have ...

Basically .. the felony has already been committed so using deadly force is not preventing a felony ... merely retaliation. A good lawyer could argue the deranged lunatic that stole your car was out to kill and hurt others so there if you shot and killed him you did prevent other felonies ...




wrong, your preventing him from getting away and the act of the felony is in progress as he is driveing away, so shooting the guy(in TX) as he's driveing away is allowed
Link Posted: 1/10/2006 2:03:09 PM EDT

Originally Posted By MuRDoC:

Originally Posted By COLT6721A3:
Depends on how good a lawyer you have ...

Basically .. the felony has already been committed so using deadly force is not preventing a felony ... merely retaliation. A good lawyer could argue the deranged lunatic that stole your car was out to kill and hurt others so there if you shot and killed him you did prevent other felonies ...




wrong, your preventing him from getting away and the act of the felony is in progress as he is driveing away, so shooting the guy(in TX) as he's driveing away is allowed



So removing you from you car, hopping inside and leaving the scene is not assault, brandishing a weapon, grand theft, or anything like that?
Link Posted: 1/10/2006 2:10:01 PM EDT

Originally Posted By COLT6721A3:

Originally Posted By MuRDoC:

Originally Posted By COLT6721A3:
Depends on how good a lawyer you have ...

Basically .. the felony has already been committed so using deadly force is not preventing a felony ... merely retaliation. A good lawyer could argue the deranged lunatic that stole your car was out to kill and hurt others so there if you shot and killed him you did prevent other felonies ...




wrong, your preventing him from getting away and the act of the felony is in progress as he is driveing away, so shooting the guy(in TX) as he's driveing away is allowed



So removing you from you car, hopping inside and leaving the scene is not assault, brandishing a weapon, grand theft, or anything like that?



sure it is
Link Posted: 1/10/2006 2:16:34 PM EDT
Link Posted: 1/10/2006 2:22:17 PM EDT
I'm moving to Texas!
Link Posted: 1/10/2006 2:25:41 PM EDT

Originally Posted By COLT6721A3:
I'm moving to Texas!



come on down
Link Posted: 1/10/2006 2:28:01 PM EDT
Not if he was driving away unless you there were circumstances that would alter the situation I.E. firearms in the vehicle being stolen, baby in the back seat, homicidal maniac screaming he was driving off to kill his ex-wife etc.
The only justification I can see allowing you to shoot would be to prevent a greater crime from being committed.

Kinda like the cops do when they shoot at someone fleeing the scene.....
Link Posted: 1/10/2006 2:30:29 PM EDT

Originally Posted By GaryM:
Not if he was driving away unless you there were circumstances that would alter the situation I.E. firearms in the vehicle being stolen, baby in the back seat, homicidal maniac screaming he was driving off to kill his ex-wife etc.
The only justification I can see allowing you to shoot would be to prevent a greater crime from being committed.

Kinda like the cops do when they shoot at someone fleeing the scene.....



well in Texas it's ok, the law is a couple of posts up
Link Posted: 1/10/2006 2:33:27 PM EDT
I would not shoot after the fact. Too little too late.
Link Posted: 1/10/2006 2:36:02 PM EDT
No!
Link Posted: 1/10/2006 2:42:58 PM EDT
[Last Edit: 1/10/2006 2:44:31 PM EDT by pliftkl]

Originally Posted By MuRDoC:

Originally Posted By GaryM:
Not if he was driving away unless you there were circumstances that would alter the situation I.E. firearms in the vehicle being stolen, baby in the back seat, homicidal maniac screaming he was driving off to kill his ex-wife etc.
The only justification I can see allowing you to shoot would be to prevent a greater crime from being committed.

Kinda like the cops do when they shoot at someone fleeing the scene.....



well in Texas it's ok, the law is a couple of posts up



Being legal doesn't make it a good idea. The lawsuit from the family of the carjacker will bankrupt you, even in Texas. The first time a CHL in Texas used deadly force was when a large man attacked the driver of a car who was not in a position to drive off. As he was beating the driver in the face, the driver opened fire and killed his attacker. Good shoot? Sure, in the sense that he wasn't charged with a crime. But defending himself in the subsequent lawsuit forced him into bankruptcy.

You'd be insane to use deadly force to stop someone from stealing your car. Your lawyer will run you $300 an hour with easily 100+ hours to defend you in a civil suit.

We ran a list of scenarios in the Texas forum:
Deadly force scenarios

and while there were several scenarios where force was considered legal, there were very few that wouldn't put you on the losing end of a lawsuit.
Link Posted: 1/10/2006 2:44:46 PM EDT
Texas' law seems unique for sure.

Generally, under the hypo, if there is no threat of imminent bodily injury or death, deadly force is not justified, and never to protect property.

Generally, you may THREATEN deadly force to protect property, but that's it.

Link Posted: 1/10/2006 2:47:22 PM EDT
If you're shooting at the car driving away .
You've already missed the opportunity for
a justifiable shoot .
Link Posted: 1/10/2006 2:48:05 PM EDT
[Last Edit: 1/10/2006 2:48:47 PM EDT by Dusty_C]

Originally Posted By James16688:
You have been car-jacked.

Car jacker is driving away from you.

Shoot or no?

Why would you wait that long to shoot if you were armed?

ETA your scenario is a no shoot. However when actually being jacked, dood b ded!
Link Posted: 1/10/2006 2:54:44 PM EDT
What if you shoot during the jacking because your wife is in the car and you have a infant strapped in the car seat. Wouldn't you be defending against a kidnapping then?
Link Posted: 1/10/2006 3:35:23 PM EDT

Originally Posted By CZ75_9MM:
What if you shoot during the jacking because your wife is in the car and you have a infant strapped in the car seat. Wouldn't you be defending against a kidnapping then?



Absolutely. And in that case, who gives a shit what the law says?
Link Posted: 1/10/2006 3:38:14 PM EDT
nah. unless family was in the car. but if hes taking the care, theres no way im going to deal with all the bull shit for killing a pos staling my car. ill let him drive away. im not in harms way.
Link Posted: 1/10/2006 3:39:23 PM EDT
I would want to, but the backassward United States legal process would fuck me a rough one. -

Kool-Aid (LCA ts1337)
Link Posted: 1/10/2006 4:03:08 PM EDT

Originally Posted By XD_Fan:

Originally Posted By amk5222:
Just shoot him before he completes the jack.....



+1 Then it turns into an etiquette question. Do you roll the window down before doing a mag dump? And is it polite to continue shooting once the jacker starts to fall?



Link Posted: 1/10/2006 4:06:41 PM EDT

Originally Posted By FALARAK:

Originally Posted By CZ75_9MM:
What if you shoot during the jacking because your wife is in the car and you have a infant strapped in the car seat. Wouldn't you be defending against a kidnapping then?



Absolutely. And in that case, who gives a shit what the law says?



+1
Link Posted: 1/10/2006 4:10:58 PM EDT
Shoot 'em before you get out of the car. justifiable in that scenario.
Link Posted: 1/10/2006 4:15:23 PM EDT

Originally Posted By pliftkl:

Originally Posted By AvengeR15:
What if you use the justification that you have a trunk gun in the vehicle, and if the carjacker found it he would use it to kill people?




The family of the driver would hire an attorney who would use the fact that you not only had a gun on you, but also a "trunk gun" to show that you are a gun toting whacko who was just itching to kill someone. Jury finds you responsible for the wrongful death, and you now owe the car jacker's family $12 million.




Seems OJ has not paid anything to the Brown or Goldman families.
So what if I have a judgment against me.
I am Alive the perp is dead.


For the record this is a no shoot situation,
Link Posted: 1/10/2006 4:22:14 PM EDT
Nope.
Link Posted: 1/10/2006 4:24:09 PM EDT
I would hit my remote kill switch. When the BG exits the truck I would shoot him dead then place a stolen handgun in his hand.

Fu­ck me I'm all talk. I KID! I KID!
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