USCCA Protects Agasint Hit and Run

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.

1 Like

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 side…
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 didn’t give permission to do so.

19 Likes

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 “citizens arrest” 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 “shoot” situation. A gun is not the first choice it is the last defense.

Cheers,

Craig6

13 Likes

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 wouldn’t be able to help, because you broke the law.

  1. If you chase them, you also left the scene of the accident.
  2. If there are no witnesses to the accident, and the other person calls the cops while you are busy chasing them, you could end up looking like a crazy person…then a crazy person in the back of a patrol car.
  3. If you chase them and they pull a firearm faster than you, you might end up in the back of a meat wagon.
  4. If you chase them and they pull over, then you pull a firearm with no immediate threat that warrants deadly force, you’ll end up with felonies and no permit.
  5. A citizens arrest for hit and run, if held at gunpoint, or otherwise physically enforced, and/or restrained could and very well may qualify for several felonies.
  6. You are subject to civil suits if physical damages occur.
  7. If something does happen after they stop and you shoot, killing them, who’s left to say you didn’t act out of rage… felony… manslaughter or murder 2…
6 Likes

Welcome to the family and god bless you.

2 Likes

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. Let’s 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.

5 Likes

In your scenario your car is operational so you are effectively talking about pursuing someone at gunpoint and placing them under ‘citizens arrest’ as the result of a ‘fender bender’? Why not just write down a license plate number to report to the police and and your insurance company? But I’ll ignore this and play along anyway …

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 ‘accident’. 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.

5 Likes

That’s scary. What ever state that is should require a class on common sense as well.

11 Likes

The world would be a different place if you could legislate common sense, or morality…!!!

7 Likes

I can’t 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 don’t 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, “deadly”. If so, your instructor needs to be fired.

However, the softer side of me, says, if you’re legit. You need to purchase a few copies of “Should I Shoot?”, Reese/Combs/Kakkuri. Right here from USCCA. I did say a few copies, because I’m sure you have likeminded friends. Pick up a copy of “Deadly Force” Massad Ayoob. Again if you have to ask…or some other BS! That was the clincher!

In conclusion to my morning rant and to your question, is simply NO!

3 Likes

Folks - let’s remember why we are here. This thread has devolved into name-calling. We’re better than that.

8 Likes

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 doesn’t 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

9 Likes

@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.

9 Likes

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.

1 Like

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?

11 Likes

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.

2 Likes

@chad40 - I’m not sure you understand what this community is about. We’re 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 doesn’t mean we can take the law into our own hands.

6 Likes

No.

So far, not really…

Do you have fact to back that up?

I didn’t call you a dumbass for your post…

Have fun in prison.

Bring on that ban hammer, @Dawn. I’ll gladly die on this hill.

7 Likes

image000000

7 Likes

Had this guy pegged this morning! Didn’t even call him names! This escalated nicely, wouldn’t you say?

5 Likes