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There are times when you do want to hold a Bad Guy (BG) at gunpoint. If the scrote’s got your family hostage at a remote, as-yet-unknown location. Or BG number one’s looking to join-up with the rest of the BGs (falsetto and all), come back and cap yo’ ass. While it could happen and there’s nothing wrong with learning the proper way to detain a stranger, the general rule remains: don’t do it. For one thing, holding a suspected perpetrator with the threat of lethal force could have dire legal consequences . . .
The District Attorney may charge you with any number of felony crimes, from brandishing to kidnapping—even if it’s clear the BG was a suspected or actual perp. Failing that (or in addition), the Bad Guy’s peeps may hire a lawyer and sue you for violating the perp’s civil rights.
Your “right” to hold a Bad Guy until the cops arrive depends on applicable laws. In some states (e.g. Minnesota) you can’t chase a BG or “challenge them with violence.” In Texas they slap you on the back and give you a medal.
As with any defensive gun use (DGU), your guilt or innocence ultimately rests upon the “reasonable man” standard, considering the totality of the circumstances. If the detainee had a Ka-Bar knife and a rap sheet as long as Ana Hickman’s legs, if you’re an Iraqi vet, you’re fairly safe from prosecution.
But not necessarily. Your local law enforcement/gun culture and the DA’s standing in the polls factor heavily. And note that this discussion is predicated on the BG being inside your home. If you hold a BG on the street, where the possibility of disengaging without violence is much greater, your lawyer’s going to have a harder time making your case.
Yes, your case. Your lawyer. Your money. No matter what the authorities do or don’t do about your selfless act of bravery in defense of a peaceful, lawful society, it’s gonna cost you time, energy and money. I know we’ve got plenty of Boy Scouts amongst our readership, but is it really worth it?
Consider the real downside . . .
While I’d rather point a firearm at a bad guy and tell him to freeze than catch a wave at Jaws, there’s not much between the two activities in terms of risk. Just ask the police: stopping and holding a bad guy (prior to cuffing them) is the most dangerous part of the apprehension process. Which is plenty damn dangerous.
Civilians would do well to remember that a detained BG has every incentive to leave before the clean-up team (i.e. cops) arrive. The best way to do that: f’ you up. And what’s the bet the guy staring at the business end of your Glock’s intimately familiar with the strategic advantages of sudden, extreme violence?
Check this story from today’s cbsnews.com and ask yourself this: how lucky was the guy with concealed carry permit to walk away from the waffle shop without some extra holes in his body?
When it comes to armed confrontation, distance is your friend. The BG’s speed is your enemy and speed equals distance / time. Less mathematically, how fast could a Bad Guy close the gap between the two of you in a detention situation? Fasterthanthis.
Sure, you could have the BG lie down a fair distance away with their arms spread—and hope they don’t have a concealed weapon or a friend waiting in the wings. “Could” being the operative word. What are you going to do if the bad guy doesn’t follow your commands, decides to take his chances and moves towards you? Shoot them?
Yup. That’s what you’d have to do. Hoping that your perfectly placed bullets will stop their attack. ‘Cause it can take a good thirty seconds for a heart-shot BG to realize that they’re dead; a freshly aerated perp can do a lot of damage before they buy the farm. As in kill you.
And if you shoot the BG, well, think of the mess, the angst, the hassle, the money, the BG’s family vendetta, the loss of your gun rights—all fallout from a “successful” DGU. And all you really had to do was let the stupid bastard leave.
Again, every DGU has its own geography, psychology and pace. The only hard and fast rule of armed self-defense is . . . survive. But it pays not to do things that extend your TED (Time Exposed to Danger). It pays to do everything in your power to bring the incident to a safe (for you) and rapid conclusion.
If the BG escapes to commit another crime, IMHO, that’s not your responsibility. Your only “job” as an armed citizen: defending your life and the life of your loved ones. Besides, if you die in a citizen’s arrest gone wrong you can’t pay your taxes, which pay for the cops and the entire justice system.
For everyone’s sake (except the BG’s): just let ’em go.
What you mean “no shooting in the back”? What if perpetrator turn his back to me, bend over and shoot me from under his butt? Would I be allowed to shoot back or not? Yep, that’s what I will say in court… robber tried to shoot me with his back turned to me, and I had to defend myself
I think it depends on the situation. For example. If for some reason, someone was amateur enough to show a knife while robbing me at a distance that allowed me to draw but not shoot, I may consider ordering them to drop the knife. At which point, I “could” tell them to, “get away, get back” or something along those lines. Same goes for a bat or a crowbar. However, if I take a shot and the subject is stopped but not dead, I am very likely going to hold them there, with my gun at the low ready while I continually scan the area for a second, or possibly third threat. If number 2 wants to join the party, he/she is more than welcome to get on the ground too. How he gets there will be up to him. I don’t know that it is a good idea for untrained civilians to “hold” someone at gun point who isn’t injured. And it is absolutely NOT a good idea to try to restrain them without backup and training.
We all have cell phones with built-in cameras. In this case, it wouldn’t be out of the question to take their pic while their on the ground. If, in the minutes it takes law enforcement to get there, they decide they are tired of waiting and run, so what? You have averted the threat, you can ID them and you don’t get hurt. If they get up and charge towards you, a decision will have to be made at that point, depending on the situation and no body here can say, “Shoot them”, “run”, or anything else. Every situation is different.
As far as worrying about a law suit, going to jail for pulling your gun, or being sued for “violating civil rights”; consider this. Don’t ever take your gun out of its holster to hold someone at gun point unless the same situation would justify the actual use of the gun. A law suit? really? for stopping a crime from happening against you? First of all, if it is a righteous stop, then what do they do, sue you for lost income? The money they could have stolen from you, if you weren’t prepared? . And third, you can’t be sued for violating someones civil rights as a civilian. I think someone has watched too many cop shows.
I have well over 1500 arrests under my belt with over 22 years working in the bail industry. I can attest that holding someone at gun point IS NOT the most dangerous part of the job. The most dangerous part is what happens 5 seconds before they are face-down on the pavement. That said, it can still be stressful wondering where the second person might come from. My advice, back up to a wall or a car if possible to help protect your backside while you’re holding them. Have anyone who might be with you continually watch for others who are approaching. Don’t let anyone near you or the bad guy, Obviously, without using force. Your backup eyes should tell you if anyone is getting near you.
Carry safe and carry often.
Hell no, I’m not shooting a burglar dead. If his goal is simply theft and I’ve got the drop, nothing will be lost. If his intent is to kill or rape, that’s completely different. But the former, I’ll just send him packing. I’d take no joy in the killing. Also, friends and family of the “BG” may seek mafia justice against me. Who needs such a mess in their life?