Can you hold someone at gunpoint in your home state?

Reason to have a good sized Dog. I would have loved to see anyone try to run from my Big Greyhound. He was Very Territorial, ever see the size of Greys teeth?
 
You know, their are times when you don't have to shoot perpetrators, but you don't necessarily want 'em getting away either. If you have the draw on them I would try to secure their hands if possible until the police arrive.

When I teach concealed carry classes I advise the class members that appropriately sized zip ties need to be part of their home defense equipment. Duct tape works in a pinch.
 
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You know, their are times when you don't have to shoot perpetrators, but you don't necessarily want 'em getting away either. If you have the draw on them I would try to secure their hands if possible until the police arrive.

When I teach concealed carry classes I advise the class members that appropriately sized zip ties need to be part of their home defense equipment. Duct tape works in a pinch.

Absolutley NOT! If one has no regularly-practiced training in handcuffing or using zip-ties on angry, scared, felonious, high, drunk, or just plain crazy people, this is a perfect way to give away your only two advantages - a firearm, and distance. Even as an officer I often ended up in fights with someone I was trying to handcuff for misdemeanors; handcuffiing felons with one hand (your handgun, NOT long gun, in the other) without back-up can be done, but you need to know tactics, practice those regularly, and know that you are taking a life-endangering risk!
 
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At Chapter 2 Colorado Revised Statutes specifically authorizes any citizen to make an arrest for a criminal act committed in that person's presence using such force as may be reasonably necessary to subdue the perpetrator and deliver to the sheriff of the county.

Please note that I am only speaking of Colorado law; other jurisdictions may vary considerably.

Legally authorized, probably so. Advisable, maybe not. Certain to bring close scrutiny at the courthouse. Probably best avoided if at all possible. A jury may, or may not, decide that such actions were reasonable and prudent under the circumstances, but that will only take place at the conclusion of your trial (another event that is better to avoid whenever possible).

Another exercise in trying to determine just how many lawyers can dance on the head of a pin. Prosecutors are public employees, usually with decent salaries and benefits, so they are willing to dance all day. Your lawyers will be billing by the hour, so the longer the dance the better for them.

More than likely in 6-minute increments.:eek:

From my perspective the firearm is for my protection. If the perpetrator retreats, then it worked.
 
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When I lived in Fairfield, just north of Cincinnati. I was working 3rd shift, it was an off night and I was up late enjoying the DSL high speed internet I'd just got.

Heard mass sirens coming down my little subdivision. Looked out the window and they were headed towards my friends house. All the streets are cul-de-sac's.

I went out thru the kitchen door to my garage and opened my garage door to walk down and see what was going on. I locked the kitchen door, but left the garage door up.

The cops were chasing someone in a car, and the driver parked in my friends driveway and took off on foot. I stayed around till the tow truck came to get the car, and walked back home.

As soon as I reached my drive way I saw the dude had my car door open and was looking for keys. My wife's car was parked on the left side and mine was parked on the right. He was trapped with nowhere to go. All I had was a knife on me, I snuck up behind him and pressed it against his back just hard enough for him to know what it was. Told him I'd gut him if he made a move.

By this time my wife was awake, I yelled for her and she opened the door holding my Taurus 85. When she saw the situation she cocked it and I thought for sure one of us was going to get shot.

She brought it over to me, and I held him there with the revolver while she ran down the street to get the cops who were still looking for him.

I told him I'd just had my interior cleaned and I didn't want to get blood all over it if I shot him, and that I was going to step back and he was to back up with me. I backed up till I was out in the driveway.

Mass cops were there instantly. One told me to drop my gun. I asked him if it would be OK if I gently laid it on the driveway. It was cool.

Their were several cops there for a while, and they were most irritated at me. At 2 different times one took me aside and said why didn't you just shoot the *******!

They thought he'd went down to the creek at the back of my yard. It's a straight 25 to 30 foot drop off to the creek bed. All the time he had been hiding in the shrubs that were in front of my house back then.

When they took him he was clean and in good shape. On the first court date, he was still in the hospital from injuries from "falling down the bank to the creek."

That was one of the top 10 stupidest things I've done in my life. He was just a kid in his late 20's who was on probation for complicity to theft. He'd been drinking and ran a red light and panicked when the cops fires up the lights behind him. Dude could have been a murderer, or who knows what and took that knife away from me before I could blink.

I got luck, he didn't.

~FAIRFIELD-XL.jpg
 
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A rancher west of Kenton, OK, held three suspects that we had been looking for in the Black Mesa area north of Clayton, NM at gunpoint from behind his pickup with his 30'06. They had broken into his bunkhouse pantry after 3 days of hiding in wild country without food or water. He never got closer to them than 25 yards. OHP was there within minutes, as it was a large, multi-state manhunt.

They were wanted for shooting at a Clayton PD officer; the ranches within 50 miles had been notified, so were keeping alert.
 
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Absolutley NOT! If one has no regularly-practiced training in handcuffing or using zip-ties on angry, scared, felonious, high, drunk, or just plain crazy people, this is a perfect way to give away your only two advantages - a firearm, and distance. Even as an officer I often ended up in fights with someone I was trying to handcuff for misdemeanors; handcuffiing felons with one hand (your handgun, NOT long gun, in the other) without back-up can be done, but you need to know tactics, practice those regularly, and know that you are taking a life-endangering risk!

Just like guns, it's not for everyone.
 
Vt_shooter:

Seeing how you may be from Vermont I can offer you a little insight but no legal advice about the green mt. state. Reckless Endangerment is the statute that likely would be brought at a minimum. It is a misdemeanor, or at least was when I was a LEO. Pointing a gun at another falls under this, the elements are very basic to meet.

In years past, you would probably not have had an issue if detaining a suspect. I had it at least once, and know several officers who also did. We were glad to get the arrest of the offender and would simply advise the citizen that it was unlawful and not to be doing that again.

But obviously that doesn't fly anymore and probably shouldn't have back in the day. Even as a law enforcement officer, the firearm should not be used simply as a tool of intimidation, and in Vermont the officer would be subject to this same statute if "unreasonable".

I think you will find the same in most all jurisdictions. I would not point a firearm at another as a citizen unless it truly is reasonable that deadly force may need to be used. Citizen has no reason to detain or hold in most circumstances other than you may want to. I would also suggest you have no lawful right to physically detain someone nor is it a good idea anyway. But having said all that, if you are put in a situation that is potentially dangerous, I would not "not" do something simply because you might meet the elements an offense. If I were awaken in my home, and if I were armed, and I met a suspect coming up the stairs to the bedroom I would point my firearm at him if tactically appropriate and give him some verbal commands. As you progress down the stairs to confrontations at the front door say, in gets much more merky. As a retired LEO, I will do what is "reasonable" as an un-trained civilian that is a much bigger ask.

I have had to give this careful thought, as even though retired for well over a decade my mind still thinks in terms of police.

938
 
So.....what are you gonna do if he decides not to be held at gunpoint and turns and runs???? Unless he is standing over a freshly dead body and getting ready to pop another perhaps I would shoot but I would NOT yell freeze mf and hope that he has read the rules regarding peaceful surrender and knows he is supposed to comply with your orders because you are a middle aged white guy with a gun pointed at him/her.
 
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