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OT USE OF DEADLY FORCE DISCUSSION - How to TRY and prevent our trucks from being stolen

HSKR R/T

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I’d hate so see anyone get themselves killed or in trouble trying to protect their truck. It’s not worth it at all. IMO stay in your house, protect yourself, and call 911. Let the people and the insurance companies do their job.

Having to shop for a new truck is better than being dead, injured, or in jail.
What if I like shopping for new trucks while in jail?
 

HSKR R/T

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A more accurate statement would be ALL ammo isn't sealed. Much of it is sealed, particularly the primers.

I've shot 70's surplus M80 through my finicky when silenced Sig 716P with zero issues.
More accurately, You've shot 70s surplus with no noticable issues. There's a high probability that it didn't have the same performance as when new. Most likely velocity wasn't as high, which the average shooter would never be able to tell without a Chrono.
 

SnowBlaZR2

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I’d hate so see anyone get themselves killed or in trouble trying to protect their truck. It’s not worth it at all. IMO stay in your house, protect yourself, and call 911. Let the people and the insurance companies do their job.

Having to shop for a new truck is better than being dead, injured, or in jail.
If I had this philosophy, the sheriff would have been at my house at least 6-8 times last year to tell me there was a cat under my shed or a fox digging for moles in the side yard.

Call 911 and wait it out isn't an option for a lot of people.
 

Finn5033

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If I had this philosophy, the sheriff would have been at my house at least 6-8 times last year to tell me there was a cat under my shed or a fox digging for moles in the side yard.

Call 911 and wait it out isn't an option for a lot of people.
I meant if you know it’s someone trying to steal your truck. Of course you’re not going to call 911 every time you hear a noise outside.
 

SnowBlaZR2

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I meant if you know it’s someone trying to steal your truck. Of course you’re not going to call 911 every time you hear a noise outside.
I can't think of very many scenarios where I'd know someone was trying to steal my truck without going to check it out.
 

Camelot

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Yeah, it happens all the time with people who base their decisions solely on unverified sources (ie "the internet").

For example I previously mentioned not having to stop and talk to the police if there is no crime. While this is true, it does come with a catch and if you don't educate yourself you can make a bad choice. When I said you don't have to stop, It doesn't mean that you don't have to stop only if you don't feel like there is a crime. There may be some crime that you don't know about, which would require you to stop. Maybe it's an offense unwittingly committed by you or an offense committed by someone who matches your description that they're investigating. You need to base your decisions on complete and verifiable information that you understand fully. If you take internet advice, without educating yourself fully, you can get in trouble even though you think you're right.

A more common example, to relate to an automotive forum, is people driving 5-10 over the posted limit. When foreigners come to the United States, people will inevitably tell them they can drive ## mph over the posted speed limit. They have no reason to not believe their friends, and in fact can see the common flow of traffic supports it. They are trying to be a good person, and doing what is permitted/normal but then they get pulled over for speeding because they were given bad advice.
So yes, good people get in trouble all the time because they take bad advice. Educate yourself by going to the source. If you're looking at gun laws (since that's where we started), I'd look at your state's law books, or your state Attorney General's website. Although convenient, I wouldn't trust gun apps, or pro-gun websites (CCW app, NRA site, etc). Check the law for yourself, not their interpretation of it.


Again, difference from state to state, no simple one size fits all answer. I work LE in MI, I only speak for our laws.
 

SnowBlaZR2

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Not that I needed any more reasons to not move to that state up north, but I'll add "scared that someone committing a felony on my property might beat me to calling 911" to that list.

By the way, I'm pretty sure that brandishing is a crime in every state.
 

Shots

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Again, difference from state to state, no simple one size fits all answer. I work LE in MI, I only speak for our laws.
Correct, that's why I mention making sure you know what you can/can't do. Educate yourself from the source and make sure you understand it fully, because there isn't a one size fits all answer. I know my post was long, but that's exactly the point I was making.

Not that I needed any more reasons to not move to that state up north, but I'll add "scared that someone committing a felony on my property might beat me to calling 911" to that list.....
Seriously. It's a gorgeous state, but they've got some jacked up laws. Especially when it comes to their gun laws. Then you add in the "no fault" crap with crashes, so if someone smashes into your truck, they're not responsible for the loss (your insurance covers you).
I think the law makers up there spent too much time on the lake or got their brains frost bitten from all the cold. They're bordering on acting like California and New York. Two other states I'd never move to.
 

Kicker

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That's exactly the legal definition of brandishing. View attachment 129401

So if someone is open carrying , according to that statement, they are "brandishing" to EVERYONE.
That is [never go full tropic thunder].
In Mass, there is no such law on "brandishing", it is a term yes, Some cops have tried charging people with it but it tossed for the above reason. They can charge you with assault if you pull it out of the holster but brandishing does not exist here.
 
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HSKR R/T

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So if someone is open carrying , according to that statement, they are "brandishing" to EVERYONE.
That is retarded.
In Mass, there is no such law on "brandishing", it is a term yes, Some cops have tried charging people with it but it tossed for the above reason. They can charge you with assault if you pull it out of the holster but brandishing does not exist here.
Sure, if that's how you want to interpret what it says.
 

Shots

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Technically Mass does have it. The linked definition of "brandish" was from US Code ( 18USC:924(c)(4) ) so it exists throughout the country under federal regulations.
State code may not specify a legal definition of brandish, but it's just a kind of "catch phrase" if you will. It's like people trying to justify assaulting someone by saying "I was scared for my life" because they've been lead to believe that saying a specific word or phrase has some magic legal power. Similarly police used to use the phrase "furtive movements" as justification to take various actions. The courts have ruled that they need to be able to articulate what they mean by that, so it's less commonly used now.

People get hung up on a phrase or word too often. You can just as easily describe something without using the catch phrase. So instead of "brandish" the charge against you would say you purposely made the weapon known to another person, you intimidated someone with it, or something like that instead of using brandish.

That said, I don't think the spirit of the federal definition is referring to simply having a weapon open carry instead of concealed. It seems most courts are only considering it a violation when the person is trying to make it seen, not just carrying it unconcealed. I'm no lawyer though, so maybe I'm wrong on all that. Maybe one of our actual lawyers could clarify.
 

wegasque

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This thread is an excellent example of why everyone should know the laws in their State. Every State has it's own, slightly different laws. Being in the Phoenix Metro area, I see people openly carrying all the time and nobody blinks an eye.

I just bought 14 acres in NE Tenn to build a house. Once we move, if anyone is messing around with my truck in the middle of the night, they will have traveled well off the public right-of-way and would be deemed to have nefarious intentions. You can bet I would exit the house prepared to protect myself and my family.
 

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