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Scary Encounter (kind of) Friday Night

T

Tawnos

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FE427TP wrote:
kenny31 wrote:
While I agree that I was somewhat paranoid, I was raised to not touch stuff that is not yours. They had absolutely no business whatsoever touching my rig, for any reason - even with intentions such as yours. If they smashed my window or something, I'm not about to stand by while they do that.

I was 30 miles from the nearest town, no cell phone reception, what if they had stolen my rig? What should I have done then? Started walking? I would probably still be hiking home. Where do you draw the line?
Click to expand...
like I said, I agree that they went past the line for how they were acting with regard to your vehicle.

You said: "what if they had stolen my rig? What should I have done then? Started walking? I would probably still be hiking home. Where do you draw the line?"

if you're going to carry a firearm you better learn and know RCW 9A.16 inside and out because it is what defines when you lawfully can use it. And failing to use it properly may cost your rights.


RCW 9A.16.020Use of force — When lawful.(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;RCW 9A.56.065Theft of motor vehicle. (2) Theft of a motor vehicle is a class B felony.

RCW 9A.16.050Homicide — By other person — When justifiable.Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

so you can detain them until a LEO arrives, but unless they are in the process of assaulting you you're on shaky ground to draw on them is the truck and tools worth a life? If you were on a jury, would a person having to walk qualify as a threat to their life? I cant say that it would to me if I was on a jury unless they could establish a need for medicine or weather extremes, and we both already know what a libtard would think and need to remember jury nullification.
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RCW 9A.56.030 - Theft in the first degree. Stealing greater than $1,500 ($5,000 on 7/26/2009) is a class B felony.

RCW 9A.56.065 - Theft of a motor vehicle is a class B felony.

And, potentially
RCW 9A.56.300 - Theft of a firearm (if there were a pistol inside the car). Another class B felony.

Had he chosen to engage them with a "stop or I'll shoot" followed by taking them to the cops or otherwise trying to get them to a public officer competent to receive them, he'd have been in the right. In that situation, the use of force would be done in defense/attempt to arrest one in the act of committing a felony. I have a hard time thinking any sane prosecutor, or even some of the less sane ones, would press charges in that case. You're alone in the woods against three unknown people who appear to be trying to steal your ride home. Yeah, that's time to draw and be ready to act.
 
amlevin

amlevin

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Years ago my favorite carry gun when hiking or motorcycling was a 686 with 6" barrel. It was one loud SOB, even with the 6" barrel and I am sure that the 686 with 4" barrel is even louder.

In a similar scenario I might well have fired a round while they were "inspecting" my truck into a tree. I would imagine that their "Fruit of the Looms" would be suddenly crowded, especially if the tree I shot into was beyond them from my position. Most "trailhead thieves" like these most likely were are not armed and are just looking for opportunities to steal valuables to sell.
 
K

kenny31

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I seriously contemplating doing exactly that. However, it was darker than the inside of a cow and that .357 has one hell of a muzzle flash. I figured it would be a good way to give away my position, not too mention impairing my own hearing. If they had continued, I may have done something like that.
 
amlevin

amlevin

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kenny31 wrote:
I seriously contemplating doing exactly that. However, it was darker than the inside of a cow and that .357 has one hell of a muzzle flash. I figured it would be a good way to give away my position, not too mention impairing my own hearing. If they had continued, I may have done something like that.
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That's why one shoots and then moves. As for noise, I always had my Army issued ear plugs with me when I had my 686 along. In a situation like this, YOU had the opportunity to prepare, they didn't.
 
N

n16ht5

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If they are up looking through your tool box they are just looters. You did the right thing. Keep in mind being out in BFE with some trash like that you can get away with scaring the 56!!djag out of them if they decide to break in your truck. Your 686 should definitly do the job. If I was scootin through a guys truck looking to steal and I hear gunshots I'm poopin the pants and hi tailin it.. Around where I hike there's hoardes of scum that steal cars and break into them. I'd have no problem with SSS...
I carry my AK and 10mm on overnighters. Its an AMD65 sidefolder so its compact for a rifle. If you go camping on the west side of the mountains ill gladly join.


Good to hear the night didn't go sour!
 
compmanio365

compmanio365

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I usually go out in the woods with a friend or at least the wife, so I most likely would have sent the other person around if possible to come at them from both sides, guns at lowready, then I would have asked them what they were doing. No reason to sight in on them, but I sure would be ready to defend myself if they were up to no good. I think I should try to figure that out before I go shooting towards people in the middle of the night. I think with that idea in mind, I would be more than ready to defend myself should they be attempting to break into my vehicle and be able to stop them from doing so, but more than likely I would end the situation without having to shoot anyone simply by being there and armed. And those potential car thieves would think twice about messing with people's vehicles out in the woods again.
 
N

Nitrox314

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Too bad its not Texas... According to Texas laws, had they broken in you would have been justified in the use of force. They have alot better laws regarding self defense, defense of property and defense of a third person than Washington. That being said, open carry is illegal in Texas...
 
A

American Rattlesnake

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Nitrox314 wrote:
They have alot better laws regarding self defense, defense of property and defense of a third person than Washington.
Click to expand...
Is that right? Define "better" for us, please. WA State has it pretty well put together in my opinion.

RCW 9A.16.020
Use of Force -- When Lawful
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;

(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary; .......
 
amlevin

amlevin

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American Rattlesnake wrote:
Nitrox314 wrote:
They have alot better laws regarding self defense, defense of property and defense of a third person than Washington.
Click to expand...
Is that right? Define "better" for us, please. WA State has it pretty well put together in my opinion.

RCW 9A.16.020
Use of Force -- When Lawful
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;

(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;

(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary; .......
Click to expand...

Note the big black lettered "qualifier" statement!

If a shot into a tree (so there is no chance of the round hitting anyone by accident) is all it takes to end the threat, your covered. If this doesn't handle the problem, and you are about to be attacked, one between the headlights (I'm not thinking truck here) could well be justified. Remember, the person now heading your way knows you are armed and is still willing to attack you. This would play well in your favor if it ever reached a courtroom.
 
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