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-   -   Someone tried stealing my bike (https://cbrforum.com/forum/cbr-1000rr-13/someone-tried-stealing-my-bike-80589/)

skip954 10-21-2008 06:36 PM

RE: Someone tried stealing my bike
 

ORIGINAL: SD2007


ORIGINAL: Evan_CBR

Ok, confronting someone and shooting someone is too much of a risk for anyone to take over a bike…that can be replaced.

You will have a 0% chance of proving that you were "in danger that required lethal force" to justify using a firearm (even if you have a carry permit). You will go to jail quicker and stay longer than the thief; and most likely be confronted with a civil suit; which means, the thief will still get your bike in the end. Also, the likelihood of revenge / payback from the guy (or his comrades) will get you into more trouble than its worth.

That isthe worst case scenario. Chances are you will just scare the guy off, you keep your bike and he will try to steal a different bike next time. I am not advocating armed confrontations, but at the same time I don not think we shouldlive in fear of the law when it comes time to protect what is rightfully ours.

that is why im glad alabama and florida have passed a law allowing you to lethaly protect yourself and your property. i had a couple guys try to steal my dirt bike a couple years ago called the cops they said "we will send someone when we can all officers are busy" i just held the phone and went outside shot the 12 ga in the general direction. there were 4 cops there within 2 min. theifs were gone and never returned yet.

Evan_CBR 10-22-2008 11:56 AM

RE: Someone tried stealing my bike
 

ORIGINAL: lilium

manslaughter (what the ADA will ring you up for) is a grand jury charge. You'll get to explain your side of the story to ordinary citizens who decided then if they want to let the prosecutor charge you with manslaughter or deem your actions were justified, or excusable. What you have to realize is that letting the ada charge you with manslaughter the ramifications for anyone defending himself, or loved ones, from a burglary gone bad are huge.Very few people are willing to accept those sort of ramifications. The grand jury, and believe me the DA as well, will be looking for ANY sort of excuseto say "yea, he had to use force to defend himself or other human life." This case would be a defense trial lawyers dream if it makes it pass the grand jury. It's a guranteed mistrial, acquital.

im not advocating we go out and shoot people who steal our bikes, but as citizens we are allowed a resonable leeway in making a citizens arrest while waiting for the police to get there, and that does include the use of force. In california citizens are allowed the same rules that apply to police officers when attempting to make an arrest. If they resist and we have to defend ourselves, as every police officer has told me. "do what you need to do to defend yourself." If you're more comfortable calling the police and waiting, that's fine too. But if you want to confront the guy stealing your bike you can do a little more than you think.
Not so...

Your Bike should be insured, and “that is your protection”. Again, your life was not in danger and that’s the determining factor; therefore you will go to jail for using lethal force.

Ordinary citizens will understand that you opted to “end a life” over a bike that you could have easily filed an insurance claim to replace. A Bike does not equal a life, even the life of a criminal.

Considering the pain and suffering of the thief's loved ones, funeral, or if the thief has kids etc...which is easierand more civilized…ending a life or filing a claim? Answer that question and that’s where the ordinary citizens will be also…and you will be in jail. Plain and Simple.

Can you refer me to that California Law?

Evan_CBR 10-22-2008 12:02 PM

RE: Someone tried stealing my bike
 

ORIGINAL: skip954

that is why im glad alabama and florida have passed a law allowing you to lethaly protect yourself and your property. i had a couple guys try to steal my dirt bike a couple years ago called the cops they said "we will send someone when we can all officers are busy" i just held the phone and went outside shot the 12 ga in the general direction. there were 4 cops there within 2 min. theifs were gone and never returned yet.

Can you refer me to that law, specifically any list (or interpretation) as to what the law considers “property” when giving you that right to kill?

I am specifically looking for motorcycle.

88stang 10-28-2008 09:53 PM

RE: Someone tried stealing my bike
 
Evan,
in the constitution it says that we have the right to keep and bear arms. if u read the NRAs american hunter magizine theres a bunch of cases each month were a citizen uses a gun to protect his or her family or property. In each of these cases thecitizen is cleared of anywrong doing.

Rod38um 10-29-2008 07:52 AM

RE: Someone tried stealing my bike
 

ORIGINAL: Evan_CBR




Considering the pain and suffering of the thief's loved ones, funeral, or if the thief has kids etc...which is easierand more civilized…ending a life or filing a claim? Answer that question and that’s where the ordinary citizens will be also…and you will be in jail. Plain and Simple.

More sympathy for the criminal than the victim.......all too often happens in this country.....not with me on the jury. SOB steals your stuff and you pop him......I'll shake your hand after the trial and thank you for making my city safer! Laws that say otherwise....need changed. Deadly force is a deterent.....liberal laws are not.....

88stang 10-29-2008 09:10 AM

RE: Someone tried stealing my bike
 
^+1

Kingsolver 11-02-2008 07:34 AM

RE: Someone tried stealing my bike
 
In Washington- the RCW Chapter 9a.16 Use of deadly force - You have the right to use if you are or have reason to believe your life(includes family)is in immenant danger. Stealing your bike isn't covered. If they have displayed a weapon, or charge at you- you can now protect yourself. There was actually a sad case couple years ago I think at WASU, a college student on LSD jumped on the hood of a pizza delivery car- the driver shot and killed the student, and was fully cleared - If you use weapons for self defense- know the laws for where you live, because they are specific and vary greatly. Here is a link to WashingtonState Legislaturehttp://apps.leg.wa.gov/RCW/default.aspx?cite=9A.16

TheX 11-02-2008 07:37 AM

RE: Someone tried stealing my bike
 

ORIGINAL: eyekonz

i myself got a 9mm walther

That you would never use, and if for some bizarre reason you had the balls to do it you would end up in prison with your boyfriend bubba for a very long time.

Please take the next train to reality and quit posting like a wanna-be gangsta.

88stang 11-07-2008 11:07 PM

RE: Someone tried stealing my bike
 
guns are a great thing for protection. I no u probably will not shoot someone for trying to steal ur bike but if u point a gun at someone stealing ur bike hes def going to stop

SD2007 11-08-2008 12:05 AM

RE: Someone tried stealing my bike
 

ORIGINAL: TheX


ORIGINAL: eyekonz

i myself got a 9mm walther

That you would never use, and if for some bizarre reason you had the balls to do it you would end up in prison with your boyfriend bubba for a very long time.

Please take the next train to reality and quit posting like a wanna-be gangsta.
Ilove how youpretend to know so much about people you've never evenmet. Maybe youshould get on the train.


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