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I have a CCW and considering the new laws in Florida, if I catch a perp in my home or trying to get into my home and I am holding him/her at gun point, can I legally, physically restrain this person by means of handcuffs, flexcuffs, rope, wire, etc. while I call Law Enforcement help?
Sure you can, hog tie him to the bed post if you have to, however, a well placed shot between the eyes will make sure he stays and you can get the new carpet your wife always wanted.
I was thinking along the same lines. He might not do too many more home invasions after he has been properly leaded from my full magazine.
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Originally Posted by bayern
:rofl:
bayern that is some funny shit.
To the original poster, yes. In that situation, you would basically be conducting a citizen's arrest, where you are detaining an individual for law enforcement based on your observation of a felony being committed.
Do a google search:
Castle Doctrine Florida
Good stuff.
Cap the bad guy, set the gun down, call the police... You'd be covered around here (CO) with the so-called "make my day" law, though I think there is still a 95% or greater chance that you would initially have your gun taken, and may be booked for "investigation of 1st degree murder" until things were sorted out.
Still, I've never worked one of these type of calls myself... just guessing based on the way other shootings have been handled, and the verbage of CRS 18-1-704.5, which covers the legality of using deadly physical force against an intruder. Additionally, your state may differ from my state in this regard.
In KY, you would be justified and after an investigation, would be cleared of any charges. In fact, legislation has just passed that extends your "property" to not only your house, but your outbuildings and your vehicle as well.
Dont shoot them in the back as they are running away from you, looks tacky and makes us ask you harder questions.
Actually, those Hoptown (Clarksville too for that matter) get away with from funky shit, dude.:DQuote:
Originally Posted by armygrnt502