During a hit and run scenario while driving, if some how i manage to catch up to the person who hit me, and I then pull out my gun so they can get out of the car and citizen arrest them, can i be charged for brandishing a firearm, or some other BS??
Will USCCA protect me in a case like this? I do have a CCW permit in the state i live in.
You have just described typical NON SELF DEFENSE scenario.
The moment you go after the other person you act as aggressor, not victim.
Once you are aggressor with a firearm⊠do not expect anybody to stand on your sideâŠ
The other thing is that you do not have any reason to pull the firearm on the other person⊠just because he/she run away from the accident didnât give permission to do so.
There is a whole host of other things you need to be looking at prior to pulling a gun on someone. Displaying your firearm in a threatening manner to attempt a âcitizens arrestâ may cause you some issues on the legal side of the house. Chasing down and confronting someone that hit you and took off makes YOU part of the problem and may be viewed poorly in court. I welcome you to the community and hope you find that the education and training as well as advice offered here might keep you out of a âshootâ situation. A gun is not the first choice it is the last defense.
Cheers,
Craig6
Welcome to the family!
Disclaimer I am not a lawyer. The following is my opinion on the scenario and carries no legal weight.
Unfortunately, in that scenario, USCCA wouldnât be able to help, because you broke the law.
Welcome to the family and god bless you.
If you do happen to catch up to him and get his license plate number and a description of the vehicle then you can always make a report to LEOs. Letâs say you are able to catch up and stop the driver he/she may become confrontational and maybe armed. At this time you become the aggressor. Maybe the person was having a medical emergency and trying to get to a hospital. If you have to use deadly force then it would not be justified.
In your scenario your car is operational so you are effectively talking about pursuing someone at gunpoint and placing them under âcitizens arrestâ as the result of a âfender benderâ? Why not just write down a license plate number to report to the police and and your insurance company? But Iâll ignore this and play along anyway âŠ
Call 911, indicate a hit and run, that you are concerned he may do the same again to person or property. Indicate that you will not violate any laws to pursue him, but as long as you can do so safely you will follow at a distance and that you will stay on the line with updates on his direction in order to help police locate him.
At least this is what I have done in the past. However, it was a case where I was not directly involved in the âaccidentâ. I was slowing for a red light and someone blew past me on the shoulder, took out a caution sign, and proceeded to turn at the light. I was able to indicate a couple of changes in direction during the call, lost him on a long straightaway, and waved at the police behind him on the side of the road several miles down the way.
Thatâs scary. What ever state that is should require a class on common sense as well.
The world would be a different place if you could legislate common sense, or moralityâŠ!!!
I canât believe that question was just posed to a community of responsible gun owners. Are you the type that looks down the barrel of your gun for a squib? If you have to ask, you donât belong.
If you become a member, let us know the answer to your question. I see a group of us, dignified your interrogatives with logical and common sense answers.
I guess your next question would be , If grandma stole your toilet paper from your Walmart cart can you shoot her?
Did you actually take the class for the right to conceal carry a deadly weapon, operative word being, âdeadlyâ. If so, your instructor needs to be fired.
However, the softer side of me, says, if youâre legit. You need to purchase a few copies of âShould I Shoot?â, Reese/Combs/Kakkuri. Right here from USCCA. I did say a few copies, because Iâm sure you have likeminded friends. Pick up a copy of âDeadly Forceâ Massad Ayoob. Again if you have to askâŠor some other BS! That was the clincher!
In conclusion to my morning rant and to your question, is simply NO!
Folks - letâs remember why we are here. This thread has devolved into name-calling. Weâre better than that.
Lets give @chad40 the benefit of doubt and is actually asking a question they do not know the answer to.
Remember we are here to help and teach each other in respectful ways. Just because someone doesnât know what we think they should does not make them a bad person or a troll, it just makes then uninformed and in need of knowledge and possibly additional training.
Don
@chad40, tell us a little bit about yourself, if you can, please. What state are you in? Do you have any training? How long have you had your LTC, or whatever it is in your state? Etc. It will help us better understand you and the basis of your scenario. A lot of people here have trained, researched laws, and taken classes to better themselves in the pursuit to be the best protectors we can be. I think where we faulted, is that we forget that everyone has to start out somewhere, and that people that are in the first stages of their journey may not be on our level of understanding. It is easy, when talking to so many that are far along in their journey, to forget that new journeys are always starting.
To be fair Virginia is pretty lax about what course you need to take for a CHP. NRA basic pistol is sufficient. I hope most people who have the bare minimum seek out additional training, particularly if they plan on carrying daily.
The intent of the USCCA membership is to assist our members with their legal defense after a physical self-defense incident.
The criteria for using lethal force in most states is you or another innocent party must be in imminent unavoidable danger of death or grave bodily harm. Once the threat leaves or stops, you are no longer able to use lethal force.
Some states allow for the use of lethal for to defend property.
Take the license plate number, call the police and be a good witness.
Would you rather deal with your auto insurance for a few months or deal with the legal (and financial) repercussions for years for chasing someone and aiming a loaded gun at them over a car accident?
To everyone that is in training or has learned Defensive Shooting or Self Defense Training, please follow instruction that are listed. It may save your life or keep you out of prison.
I am not looking for brownie points or undermining Dawn here. She has done her greatest to help us. FOLLOW INSTRUCTION. PLEASE.
@chad40 - Iâm not sure you understand what this community is about. Weâre here to help each other, but not by acting as vigilantes. Does it take the cops a while to show up in some places? Yes, it does. That doesnât mean we can take the law into our own hands.
No.
So far, not reallyâŠ
Do you have fact to back that up?
I didnât call you a dumbass for your postâŠ
Have fun in prison.
Bring on that ban hammer, @Dawn. Iâll gladly die on this hill.
Had this guy pegged this morning! Didnât even call him names! This escalated nicely, wouldnât you say?