View Poll Results: Justified to draw weapon

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Thread: Tow Company Situation and OC

  1. #1
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    Now this is fictional nothing of the sort happend with me to start this thread off.

    Say your at an apt bld.A city you have never been to before ect, you park your car at night go about your business time goes by and your done with whatever you doing.
    You leave your present location and return to your vehicle to find a two people trying to break the parking break free and or you see them hoisting your car on a tow truck.
    You ask them what they are doing and they escalate the situation and no matter how much you try to calm them down they still feel the need to threaten you verbally adn its dark so you cannot tell if they are armed. You draw your weapon to get these people to stop what they are doing and they continue to spit threats at you. Finally they take your car down or stop what they are doing to your personal vehicle.
    Would this situation be justifield? In Ohio and or other states

    I see this as a problem that many people in the tow industry must face is that one day you piss off the wrong person who may or may not be a SheepDog/Cop/Armed Undercover Security/Private investigator/Fujitive Recovery Agent/MP/SP/21 98 pound girl in inner city Cleveland/Huston



  2. #2
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    So you pull a gun on them to get your car back? Why escalate the situation? Use a phone and call for assistance. Let the professionals sort out any misunderstanding. If It was reported to me as an officer that you pulled a weapon on someone without just cause, you would be arrested for menacing, etc.

  3. #3
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    2903.21 Aggravated menacing. (A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.
    (B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
    Effective Date: 04-10-2001

  4. #4
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    In Ohio, theft of a vehicle is a felony of the fourth degree. {ORC 2913.02(C)(5)}

    Citizens may arrest and detain folks who are committing felonies, or those whom they have a reasonable grounds to believe are committing felonies. {ORC 2935.04}

  5. #5
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    Stand in front of tow truck, then if they start the engine they are
    a threat. Buy a louder alarm for the car. Pay your note on time.

    Now if they have a crow bar in their hand they were using to enter
    the car, or those hook and chains, then they are armed and dangerous.
    But you should already be able to outdraw any concealed weapon
    they might reach for. So let them decide their fate. That is the reason
    for OC, no reaching inside or behind back. Not to draw and ask
    questions later. But in that situation I would be watching out for others
    who were lookouts. Using tow truck to steal cars shows premeditation,
    overhead, and therefor more organization then a normal car thief working
    for a fix.


  6. #6
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    This is totally a weird topic seeing that I actually want to start/work at a tow company and I thought what would happen say if in fit of rage and greed a tow employee decided to piss off the wrong person.
    Legally you can have someone move their own vehicle off of your property because you own it. But since a tow company does not own the vehicle if you took them to court for attempting to steal your property what would happen.I
    n Ohio, theft of a vehicle is a felony of the fourth degree. {ORC 2913.02(C)(5)}

    Citizens may arrest and detain folks who are committing felonies, or those whom they have a reasonable grounds to believe are committing felonies. {ORC 2935.04}

    Legitamitly I think there may not be any est orc or case law since people havent fought for this to stop and a judge will prob rule in the tow companys favor but defending your **** is your right.
    Now I also wonder what Orc or case law there is for tow companys against or for them?
    Im gonna look because this is something I think is impoortant to understand on both sides.

  7. #7
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  8. #8
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    Wouldn't a call to 911 be prudent b/4 drawing on two armed (crowbar) men? Call, and then draw. Isn't there a requirement to retreat? Stealing a car is one thing, being a threat to you is another thing. They are not a threat to you until you approach. Unless you are in your car the castle doctrine doesn’t apply. This feels like I’m rambling, do you see what I’m getting at?

  9. #9
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    Very Good point this is what I was trying tio get a reaction towards. Does Castle still apply if you are going to your car. Something tells me that it is irrevavant if the person who is taking your car is Repo/Badguy/Towman I am still looking for something to back this up and have hit a wall.


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