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Thread: not really oc related but need advice

  1. #1
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    this is hells girl. i have someone stealing off my property. if i catch them in the act am i legally able to hold them at gunpoint untill the cops arrive? its petty **** they are stealing but i would like to know what i can do legally to stop it. all the cops did was take a report and leave.

  2. #2
    State Pioneer ConditionThree's Avatar
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    Observe and report. Unless you are in immediate danger of great bodily injury or death, I wouldnt be pointing a gun at anyone.
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  3. #3
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    ConditionThree wrote:
    Observe and report. Unless you are in immediate danger of great bodily injury or death, I wouldnt be pointing a gun at anyone.
    +1

  4. #4
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    DO NOT USE A WEAPON

    In california you are not legally allowed to defend property (this includes family pets) with force or a weapon.

    Sorry

    Maybe hire a police officer....ontop of the taxes we already pay to hire several thousand of them

  5. #5
    Anti-Saldana Freedom Fighter
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    Use a camera. Take lots of photos of them on your property, taking your stuff.
    If they see you taking photos it might be a good idea to be wearing a sidearm in case they decide they don't want their photo taken.

  6. #6
    Regular Member 1245A Defender's Avatar
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    helldiablo wrote:
    this is hells girl. i have someone stealing off my property. if i catch them in the act am i legally able to hold them at gunpoint untill the cops arrive? its petty @#$% they are stealing but i would like to know what i can do legally to stop it. all the cops did was take a report and leave.
    if you can confront the thieves while they are stealing your stuff, on your property, you are in the right!
    now if they try to attack you instead of running away, you may use as much force as is nessesary to stop the threat!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

  7. #7
    Campaign Veteran marshaul's Avatar
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    eraseallhope wrote:
    DO NOT USE A WEAPON

    In california you are not legally allowed to defend property (this includes family pets) with force or a weapon.
    You are if the act you're defending against is a felony.

    California Penal Code Section 197

    Homicide is also justifiable when committed by any person in
    any of the following cases:


    2. When committed in defense of habitation, property, or person,
    against one who manifestly intends or endeavors, by violence or
    surprise, to commit a felony, or against one who manifestly intends
    and endeavors, in a violent, riotous or tumultuous manner, to enter
    the habitation of another for the purpose of offering violence to any
    person therein;

  8. #8
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    per CPC

    a private person(non LEO) can make an arrest



    834. An arrest is taking a person into custody, in a case and in
    the manner authorized by law. An arrest may be made by a peace
    officer or by a private person.

    835. An arrest is made by an actual restraint of the person, or by
    submission to the custody of an officer. The person arrested may be
    subjected to such restraint as is reasonable for his arrest and
    detention.


    837. A private person may arrest another:
    1. For a public offense committed or attempted in his presence.
    2. When the person arrested has committed a felony, although not
    in his presence.
    3. When a felony has been in fact committed, and he has reasonable
    cause for believing the person arrested to have committed it.


    839. Any person making an arrest may orally summon as many persons
    as he deems necessary to aid him therein.


    841. The person making the arrest must inform the person to be
    arrested of the intention to arrest him, of the cause of the arrest,
    and the authority to make it, except when the person making the
    arrest has reasonable cause to believe that the person to be arrested
    is actually engaged in the commission of or an attempt to commit an
    offense, or the person to be arrested is pursued immediately after
    its commission, or after an escape.
    The person making the arrest must, on request of the person he is
    arresting, inform the latter of the offense for which he is being
    arrested.


    846. Any person making an arrest may take from the person arrested
    all offensive weapons which he may have about his person, and must
    deliver them to the magistrate before whom he is taken.


  9. #9
    Newbie cato's Avatar
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    Get them on tape and turn the evidence over to your LEA. IF you were to take any action personally please do so with the knowledge learned from "How to own a gun and stay out of jail" and other sources and have very friendly witnesses.

    And keep in mind you could end up in more trouble then it's worth.

  10. #10
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    cato wrote:
    Get them on tape and turn the evidence over to your LEA.* IF you were to take any action personally please do so with the knowledge learned from "How to own a gun and stay out of jail" and other sources and have very friendly witnesses.

    And keep in mind you could end up in more trouble then it's worth.
    sound advice. Someone I know was having things stolen over a month or so long period. Cops took a very short and unhelpful report, and blamed the cleaning ladies or friends. They set up a video camera and watched the live feed from the other side of the house, once a construction worker from next door broke in the cops were called. The streets were blocked within mins, the guy was caught next door working on the construction site, his van was searched, and hundreds of pairs of girls underwear came falling from his roof liner.

    Video is probably gonna be your best offense and defense. This can be set up easily with a web cam from best buy, tied in to your computer and set to record with movement.
    When injustice becomes law, resistance becomes duty.

  11. #11
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    hey guys its hell thanks for helpin my girl out she got a little freaked that some one was coming inot our yard and jacking stuff she called me after it happend i was out of state for the last week (in the free state of wy visiting my brother) just got home last night i told her to keep the gate locked and put my dogs outside. if some one was brave enoughto come in it would be their mistake like she said it wasent anything important they were taking just one of my bicycles and a bag of soda cans i told her NOT to use a gun let my dogs do their job unless they try to get inside if they do get inside i told her to call the cops and get mr.desert eagle .50ae and stay in the bedroom the reason she was concerned is nothing ever happend like this before to her also she is 5'2" tall not very big any way all is well in hellsville once again and thanks for helping out my girl with all you could.......i appericiate all the help ............Hell

    p.s. while i was in wyoming i loc every day it was awsome to be free for a moment
    (even though it was only a week )

  12. #12
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    helldiablo wrote:
    <snip> she is 5'2" tall not very big any way all is well in hellsville once again and thanks for helping out my girl with all you could.......i appericiate all the help ............Hell

    p.s. while i was in wyoming i loc every day it was awsome to be free for a moment
    (even though it was only a week )
    I know exactly how you feel. I was in Utah in Feb. and felt liberated, especially coming from the PRK. What a feeling, eh?



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