Hypothetical: Stop Robber at Gunpoint?

deanf said:

Right out of the Handgun Control Inc./Washington Cease Fire play book.

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+1. Yeah, if I see a situation going south, I'm definitely going to wait as long as I possibly can, maximizing the chance that I will actually have to USE deadly force, instead of getthing the draw on someone, surprising them, which would make them more likely to run away (or give up, but that's a LOT less likely). I'd rather draw without firing a shot, than to be forced to shoot because I waited to long to intervene before it got to that point.

That's how it works in the REAL WORLD...

In some situations State law does allow you to use deadly force, even if there is no threat to life or limb.

RCW 9A.16.050

(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.

deanf said:

Firstly, it's burglar, not robber.



I think the cops would think "If I'm confronting a burglar in the middle of the night, I'm going to have my gun drawn too."

It's a reasonable use of force, in my opinion. Confronting a known felon in the middle of the night? I will absolutely point my gun at him. Easy to demonstrate that it's reasonable: Every cop called to the stand will testify that he would do the same thing.

Remember: reasonableness is the test when evaluating use of force.

You would never go to court over pointing a gun at a burglar, at least not in Washington. It happens every once in a while; we read about it in the paper.

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I totally agree, and I have "drawn" brought my shotgun out when security in my association wouldn't leave my yard. I was told by the Sheriff and State Patrol I was within my rights. (not always the best legal advice, but the Security guys are the ones who ended up with the lecture, and I was left alone)

What I was referring to is shooting someone in the back after fleeing. That might be where you have to think about what a jury might think. Although if I was on the jury I wouldn't convict, you break into someones place, you suffer the consequences.

golddigger14s said:

No threat to life or limb of you or co-workers, NO SHOOT! (no warning shots either). Just try to remember all details, face, clothes, what he touched (for finger prints), ect and call 911. Shooting a coward in the back is bad form.

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I often hear people saying not to use deadly force unless there's an immediate threat to life or limb of yourself, or someone else in your presence. Now, in my opinion, breaking and entering into property that is not yours is enough for me to feel that I am at immediate risk. I do not want to wait to see if the man is armed. I do not want to wait around and see if the guy tries to attack me. Waiting, even a split second, can cost you your life. If someone breaks onto my property with myself, my wife and daughter, then I feel he has every intention to do what he has to do from not getting himself caught or killed, and I am not going to stand there and say "Excuse me sir, do you mean us harm? Or do you just want some stuff?"

END_THE_FED said:

In some situations State law does allow you to use deadly force, even if there is no threat to life or limb.

RCW 9A.16.050

(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.

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Remember this is referring a felony upon the slayer not property!

Again the issue of place of abode arises.
The place of abode is with in or upon the place of your dwelling (house, hotel room, RV if you living in it) not your yard.
The place of abode includes attached buildings, porch, or deck

Aaron1124 said:

I often hear people saying not to use deadly force unless there's an immediate threat to life or limb of yourself, or someone else in your presence.

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This is sound advice.

Aaron1124 said:

Now, in my opinion, breaking and entering into property that is not yours is enough for me to feel that I am at immediate risk.

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Aaron1124 said:

If someone breaks onto my property with myself, my wife and daughter, then I feel he has every intention to do what he has to do from not getting himself caught or killed, and I am not going to stand there and say "Excuse me sir, do you mean us harm? Or do you just want some stuff?"

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Clarity on both of these statements are needed, when you state property are you talking about your abode ie house and attached structures? then yes this is a good statement if you are talking about an out building or on the property itself then this would not be a good statement.

If someone was posing a immediate threat to life or limb and are on your property then by all means protect yourself, be able to articulate the threat which can be addressed with elements of Ability, Opportunity, and Jeopardy.