Stun Gun question

[41mag]

Thanks for all of the responses. I will just relay to the neighbor, if he sees anyone breaking into his car, to just crack a beer on the porch and watch! Whatever Altoids or tire pressure gauge he has in the glove box/console isn't worth risking life or liberty for.

See, it would be real hard for me to do that. I would be one of the dumbasses that has the guy tied up and hung upside down, without any clothes on but his underwear, and several contusions on him when/if the cops showed up....
either that or just shoot him in the elbow, then toss a flaming wolf on him!

 

[gh1950]

The castle doctrine includes a vehicle. Not sure if he has a duty to retreat, I just wouldn't throw out a blanket statement that you cant use lethal force to protect your vehicle because sometimes you can. (Ie: carjacking)

A "carjacking" is a different crime than the one described in the OP (and explained in later posts).

Referring to the original fact situation, the legal principal would be the same if someone were breaking into an out building, i.e. storage shed, where your $6000 zero turn lawnmower is stored. I have no compunction about you accosting the culprit while armed in an attempt to detain him - but it becomes an entirely different question when you actually deploy non-lethal force - and I don't have a one size fits all answer to the question. Personally I would be reluctant to deploy non-lethal force, mostly because there is no statutory framework on when you can do so.

 

[GAgunLAWbooklet]

Tasers and electric shock stun-guns are non-lethal force. However I think most cops, prosecutors, and jurors would consider them to be on the high end of the nonlethal force spectrum because they are known to be very painful, and some suspects have been known to suffer heart attacks from being zapped, and other people fall down and get seriously injured or killed simply by falling over and hitting their head on the ground.

So your use of such a shock-weapon would be evaluated on a very specific case by case basis.
The questions would be-
(1) are you preventing a crime by using that taser?
(2) was your use of the Taser necessary to stop the crime or could you have stopped the crime without deploying the Taser?
and finally:
(3) Was your use of the Taser “reasonable?” I think the reasonableness and the necessary factors both have to be looked at.

The Georgia standard pattern jury instructions for non-lethal self-defense will tell you that the amount of force a citizen is authorized to use is the minimum level that is necessary under the circumstances.

 

[Smoothie]

I have no compunction about you accosting the culprit while armed in an attempt to detain him - but it becomes an entirely different question when you actually deploy non-lethal force.

If I recall you are an attorney? This is an interesting point, so let me try to understand.

Can't run out and spray them
Can run out to confront them while armed but not brandishing
Can't run out to confront them with spray?


That seems backwards to me. I would think confronting with non lethal force on your hip would be better than with a gun on your hip. (But I don't know the law)

 

[Smoothie]

Thanks for all of the responses. I will just relay to the neighbor, if he sees anyone breaking into his car, to just crack a beer on the porch and watch! Whatever Altoids or tire pressure gauge he has in the glove box/console isn't worth risking life or liberty for.

Actually it sounds like you CAN legally go out and confront them. The question then becomes how do they react and how do you respond. I would think high probabality that they run, so would you chase?

 

[gh1950]

Actually it sounds like you CAN legally go out and confront them. The question then becomes how do they react and how do you respond. I would think high probabality that they run, so would you chase?

You have thoughtfully analyzed and answered your own question.

You can "confront" them with anything - gun, baseball bat, front end loader, pepper spray and so on. As you note though, the real issue (from the OP) is what are going to do when they tell you to piss on a rock, and run off with the navigation unit they just ripped out of your car.
2
It's a bitter pill to swallow, but IMO you are going to be better off long term to let them run - and make sure you have comprehensive insurance on your vehicle.

Now a "stun gun" and pepper spray may be special cases, because they are basically an arm's length weapon, and so the additional factor of how the perpetrator came to be at arm's length, and what is he doing there become relevant. They are not my defensive weapon of choice, but my PERSONAL decision is that I wouldn't use either unless I faced the same circumstances that would justify using a gun in self defense.

In addition to the factors GAgunLAWbooklet pointed out, many common street drugs, including copious amounts of alcohol will make people immune to the effects of pepper spray and stun guns. So you have to ask yourself, if I stun him and it just pisses him off, what am I going to do?


Speaking of stun guns (and I realize this is about a TAZOR) this bit appeared in what passes for a newspaper in Athens these days:

At a location near Spratlin Mill Road, a deputy deployed spike strips which deflated all four tires and reduced the Nissan’s speed. Deputies said the car slowed near Glenn Carrie Road and stopped along Yarbrough Road, where the driver exited and began running while holding the can of beer, deputies said [and you just have to admire this, I don't care who you are].

A deputy chasing the man fired his stun gun, but the probes hung in the man’s jacket and had no effect, the deputy reported. The deputy went over two fences in his pursuit and was able to bring the suspect down, but a struggle ensued and the deputy reported having to punch the man twice in the head.