Car jacking defensive or aggressive jail or free

Legal & Second Amendment
1

So you are in your car,it’s miserable outside,rain,high winds,a bit colder than what your jacket or coat can handle. Your wife is at home about to go into labor any day now. You have one vehicle but it seems to be all you need at the moment,after the baby who knows.

Your Armed with a right side iwb,and do not have a surface mount in your truck. This is primarily due to configuration and cab materials.

You are at a light waiting for it to change colors, a few homeless folks are in the medians, under a tarp trying to stay dry. Periodically the homeless come out to ask for change. You are glad you are at the front of the line at the light.

Three men approach the truck,one front,one left,and one right. The man in the passenger side taps the window with his pistol and say get out of the truck this is a car jacking. He looked homeless,but you realize he isn’t. Darn this weather!

Your weapon is not seen,and is under your jacket. The man on the driver side taps the window with his hand and says get out now,or meet your maker.

You exit the vehicle,they jump in.

  1. Do you let them take your vehicle,and possibly stop you from getting your pregnant wife to the hospital.

  2. Do you fire into the truck as all three are getting in and you are out of their line of return fire? Meet the police and go home.

  3. Do you thank your stars,they didn’t take your gun?

If you fire into the truck,have you gone from a defensive action to an aggressive action,where your life was not in danger?

Will you go home today(maybe get a ride from the police. Or will you go to the precinct As a victim or will you go as a suspect and perpetrator.

What say you,for your state?

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2

This sounds like good action movie :wink:
Anyway, car jacking is about stealing your car, it has nothing to murder, so compliance would be my first choice.
Screw my car, my wife is more important.
Hopefully they don’t take my phone so I call Uber then 911. Report robbery and take care of wife.

So I choose option 1, however it won’t stop me from getting my pregnant wife to the hospital. There is still couple options to deliver her to the hospital.

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3

Why would you get out of the truck instead of driving away? :thinking:

In many states you are not allowed to use lethal force to defend property, so you should not shoot once you’ve gotten out of the car and they start driving away. Stay in the truck, drive away, and call the police is a viable option.

Now if they continue to threaten you with the gun once you’re outside of the vehicle that’s a whole different ballgame.

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4

If someone is waving a gun in my face and telling me to comply or be prepared to meet my maker, haven’t they escalated the crime from carjacking to the threat of bodily harm or murder?

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5

Whoops!! I missed typing part of my thought!

I’ve edited the comment.

If you get out of the vehicle and they start to drive away, you cannot legally shoot in a lot of states as lethal force is not allowed to defend property.

Thanks for catching that, @OldGnome!!

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6

Based on what I read there is one person with a visible weapon. If the opportunity was there, I would stomp on the accelerator and watch the guy in front roll over the hood. 0 to 60 in 4.5 seconds would probably drop the jaws of the other two and one or both may get bumped by any fishtail because of the wet streets. I would hesitate to get out of the vehicle, even without easy access to a weapon.
KY applies to the castle doctrine to autos as well, but, once you get out and they are driving away, any other action on your part makes you the aggressor.

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7

@Dawn - Now, that makes perfect sense!

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8

…and may also leave you vulnerable to other bad actors in the area. After all, the first set came up rather unobtrusively.

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9

I’m with @Jerzees & @MikeBKY I’m not going to, too many times here in IL the victim has the tendency to become the perpetrator because of IL law and outdated laws and also the hatred of rights granted by the constitution by our party in the majority.

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10

As many of you know, I actually participated in such an event.
Now, I’m wishing to have a source to cite due to hatred of telling events without some sort of credible source. Although, my occurrence looked nothing like this one above, THANK GOD!

It puts fear in me thinking about it too long but it did teach me several things that might help you guys:

-Listen to your gut (At times, I think its God, but personal belief)
-Don’t sit in parking spot AT all—Crank it up, reverse and/or put in drive.
-Don’t sit in parking lot and text or any other phone activity no matter A.M or P.M.

-Most importantly—Stay Safe—Going Home is #1 goal.
Forget the new car, forget the Benjamins in your wallet, GO HOME!

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11

Ok, as per the scenario, stomping the gas is out. My truck will sit and spin on anything outside bone dry concrete. Can I accelerate away before getting shot, probably. If, I was forced out, taking into account the man near the drivers door hasn’t shown a weapon. Hit that man with the door. As I exit, the truck becomes cover to draw and fire at the man who has presented a weapon.

Other option, more risky, is to draw my gun on the return stroke of unbuckling my seatbelt.

Without the rain/slick pavement aspect, I’m standing in the gas, while I duck.

If, the only option is to just let them have the truck, it’s insured and I would rent/borrow a vehicle until at least after the child is born.

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12

Nice.

In MD in the last few days,the driver was shot, (he didn’t comply quick enough) the perpetrators ran away. The police caught them all later,The driver is in critical condition in the hospital.

In my question,I didn’t consider driving forward,because it was a traffic laden intersection,(as in the shooting) but that may have been a great response,and yes any action outside of the vehicle gets you taken to jail.

I’m thinking a toggle switch to electrify my vehicle​:smile::smile::rofl::rofl:. Maybe bullet proof glass on the windows. :exploding_head::exploding_head::exploding_head::exploding_head::exploding_head:

In some places this mess is crazy

Thank you all,for providing sense to this mess.

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13

@Dr_Richard

This is one thing I am in condition red for. I never get so close to at a red light, to leave myself options . I watch around me using all of my mirrors. Sometimes even the different camera views. I will even have my EDC weapon in a much better spot.

I do this from 30 years worth of experience of knowing
Where I live. Anywhere can be dangerous but in places where I go that are like this. I am on high alert.

I go highest
Le

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14

I would use the tall thin pedal on the right. With extreme prejudice.

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15

It’s strange, the bad guys never have to make choices like this, we wouldn’t either if we did what most good people are thinking, in my opinion.
Life would be so much easier if we shot the gun toting car jacker in the head, ran over the one at the hood. Then dial 911 for the clean up. No offense. But law enforcement didn’t get there in the time that my life was in grave danger. A gun in my face is grave danger.
However in all seriousness, stomp on the accelerator, screw traffic! I’m sure as soon as I blow the red light a cop will show up and cite me for exhibition, reckless driving and bad guy slips back under the tarp waits for next good guy with a gun who can’t use it.
If the bad guy knew we could use our legally held firearms without all the bull, there would probably be less crime. I know, I know, wild Wild West. Maybe, just maybe it’s time the good guys win!
I am thinking of an exit plan every time I pull up to a light. Unless I keep my gun in my hand at all times while driving, screw the guy in front of me, behind me to the left and right of me. Can’t count on witnesses because they are all of on their phones!

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16

According to one Deputy, I would have to live with the consequences of not shooting him…
(When you win you lose & when you lose somehow you win)

Easy as it may sound, taking a life is “never” easy rather it’s the way you handle it afterward that will impact your future. A recent example is a hero that took out “evil” in December (even though he won’t like being addressed as that).

End result: It was a necessary doing to stop an evil that he may save life including his own. If he were my friend or relative, it would be smart still to recommend counseling.

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17

Pedal to the metal! This IS a deadly threat! DON’T GET OUT! Run em down and call the cops when safe.

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18

I’ve got a dash cam installed in my car that has 4G LTE and GPS tracking. They can have my car but the police will be able to track it.

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19

There are two issues here. 1 - what is legal? 2 - what is smart?

In the State of NC, a citizen could probably justify the shooting based on NCGS § 14-51.2 and § 14-51.3, basically our “stand your ground” law. However, the fact that they’re driving away when you start slinging lead could paint you as the aggressor, setting you up for a long and painful trip through the justice system where you may or may not prevail.

Also factor in the weather. Can you really put rounds on target in the midst of a mini nor’easter?

It’s just a car. Wife can get to the hospital via ambulance, neighbor, Uber, taxi, etc.

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20

And remember, compliance does NOT guarantee you will remain safe and unharmed.

Far too many times, those who comply are injured or killed simply out of the evil intent of the criminal.

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