Citizen detainment


twobitshooter

New member
I was in a coffee shop today and noticed a very peculiar person walk in, one hand in pocket. My gut reaction was that he was there to rob the store... turns out he just wanted some coffee (which he paid for) but it got me thinking. What are the laws/liabilities/etc. in the case where a citizen detains a suspect while carrying/wielding a handgun? I know NC doesn't have a "citizens arrest" provision, but does allow for detaining suspects if caught in the act of a felony or robbery, but I can't find anything about drawing a handgun in this case.

Any pointers as to where I might find this information?

thanks
 

tattedupboy

Thank God I'm alive!
My first suggestion would be to look for an attorney general's opinion on the subject. If you can't find one, then why not go to the law library and just do some old fashioned investigative work? That's how I got through college; if I didn't know where to look, I just went digging until I found what I was looking for. Yes, it can be a time consuming process, but if you're not a lazy person, that shouldn't matter, right?
 
In north Carolina there is no citizen's arrest. There is a limited right to detain, but it is unclear even to most ccw trainers. there are penalties for unlawful detainment. It is never legal, even fo an LEO, to use deadly force to detain anyone. It is probably a very good thing that most criminals don't know this. In NC., as well as most other states, if a felony suspect gets up off the ground, turns his back and walks away, the officer has no standing under the law to shoot. You can not use deadly force to detain a suspect, law enforcement or private citizen. As I say, it is probably as good thing most thugs don't know this. It would put an officer in the uncomfortable situation of having to holster their weapon and tackling a three hundred pound drug thug.

For all practical intents and purposes, you have no right to detain any one, no matter what they have done, for any reason, for any length of time. If they are willing to leave, let themn leave. Especially if you have to point a gun at them to hold them. If you can manhandle them without risk to yourself, as i did once, you probably won't gret into trouble. if you pull your pistol, and they turn out to be innocent, tyhemn you have committied assault with a deadly weapon at least, and possibly kidnapping, if they were removed from one place tro another. Unlawful detainment is another thing, as is unlawful detainment of a minor. Let them leave, and try to remember what they looked like. Even law enforcement agencies give this advice to off duty officers. You have got to understand that pointing a pistol is deadly force. Shooting at someone without hitting them is deadly force. Shooting them in the leg is deadly force. You simply are not jistified doing any of these things unless your life is in immediate danger.
 

murf26

New member
In north Carolina there is no citizen's arrest. There is a limited right to detain, but it is unclear even to most ccw trainers. there are penalties for unlawful detainment. It is never legal, even fo an LEO, to use deadly force to detain anyone. It is probably a very good thing that most criminals don't know this. In NC., as well as most other states, if a felony suspect gets up off the ground, turns his back and walks away, the officer has no standing under the law to shoot. You can not use deadly force to detain a suspect, law enforcement or private citizen. As I say, it is probably as good thing most thugs don't know this. It would put an officer in the uncomfortable situation of having to holster their weapon and tackling a three hundred pound drug thug.

For all practical intents and purposes, you have no right to detain any one, no matter what they have done, for any reason, for any length of time. If they are willing to leave, let themn leave. Especially if you have to point a gun at them to hold them. If you can manhandle them without risk to yourself, as i did once, you probably won't gret into trouble. if you pull your pistol, and they turn out to be innocent, tyhemn you have committied assault with a deadly weapon at least, and possibly kidnapping, if they were removed from one place tro another. Unlawful detainment is another thing, as is unlawful detainment of a minor. Let them leave, and try to remember what they looked like. Even law enforcement agencies give this advice to off duty officers. You have got to understand that pointing a pistol is deadly force. Shooting at someone without hitting them is deadly force. Shooting them in the leg is deadly force. You simply are not jistified doing any of these things unless your life is in immediate danger.


Forget the pistol.......how about a chair/table...a napkin holder. Anything that'll throw them off balance. Makes it a lot easier to land 'em on the floor. That's one thing that has bothered me all along about mass shootings. Did that ever cross the minds of any of the victims? I don't know. Not sure if I would do it. I just know that my adrenaline would be WAY up and picking up and throwing something like a desk/table/chair might feel like throwing a paper airplane.
 
Forget the pistol.......how about a chair/table...a napkin holder. Anything that'll throw them off balance. Makes it a lot easier to land 'em on the floor. That's one thing that has bothered me all along about mass shootings. Did that ever cross the minds of any of the victims? I don't know. Not sure if I would do it. I just know that my adrenaline would be WAY up and picking up and throwing something like a desk/table/chair might feel like throwing a paper airplane.


Worked very well on "Geraldo". :haha:



gf
 

dubccat51

New member
§ 15A‑404. Detention of offenders by private persons.

(a) No Arrest; Detention Permitted. – No private person may arrest another person except as provided in G.S. 15A‑405. A private person may detain another person as provided in this section.

(b) When Detention Permitted. – A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1) A felony,

(2) A breach of the peace,

(3) A crime involving physical injury to another person, or

(4) A crime involving theft or destruction of property.

(c) Manner of Detention. – The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d) Period of Detention. – The detention may be no longer than the time required for the earliest of the following:

(1) The determination that no offense has been committed.

(2) Surrender of the person detained to a law‑enforcement officer as provided in subsection (e).

(e) Surrender to Officer. – A private person who detains another must immediately notify a law‑enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law‑enforcement officer. (1973, c. 1286, s. 1.)

A private citizen may detain a person as provided above. That being said you should never pull out your firearm unless your life is being threatened and only then if you are going to use it.
 

NCjones

New member
Why get mixed up in someone elses problem? If your life is threatened, draw your weapon. If not, be a good witness so you can help the police find the actor. Mixing it up trying to defend some business that you don't own is a good way to get sued or locked up.
 

mrjam2jab

New member
If i'm in a place that is being robbed...probably the only thing i'd be wielding is a pen....writing down description..clothing...vehicle...etc...not going to interfere if there is not deadly threats.

hand in pocket may or may not be a gun...if you dont see a gun, dont pull your gun.
 

Anthony

New member
If your idea of the responsibility of carrying a concealed weapon is running around town looking someone to "arrest" then I doubt your be a CHP holder for very long.
 

KimberChick

New member
If i'm in a place that is being robbed...probably the only thing i'd be wielding is a pen....writing down description..clothing...vehicle...etc...not going to interfere if there is not deadly threats.

hand in pocket may or may not be a gun...if you dont see a gun, dont pull your gun.

I carry everywhere now, including my local coffee shop. I am good friends with the owner, both he and his wife are retired mil, I am reserve, and several of the patrons are either AD mil, reserve, or retired. Several of them are Special Forces. If someone comes in to rob the place, I am going to let them rob the place while I dial 911 and wait for the cops. We don't need a re-enactment of the OK Corral in Southern Pines...if one of us pulls a gun, we're all pulling guns.:stop:
 

Jim_Macklin

New member
Whether your state has a "citizens arrest" or a detention provision, it most likely has a kidnapping law.
Police officers have legal protection for errors. They work for governments and have insurance protection.

As a private citizen, whether you say "citizen's aarest"[Gomer Pyle] or just tell somebody to stay until the cops arrive, you will be responsible and if you move or escort that person from a lobby to a closet or private office, you may have kidnapped them.
IANAL and laws vary...
 

RugerP345

New member
North Carolina does not have a "Citizens Arrest". A citizen has the authority to detain a person who commits a crime in their presence until the cops are called. But like Jim said, we also have a false imprisonment law. Prohibiting someone from leaving is a crime unless they have broken the law. In my opinion, there is just too much gray areas and "what if's" in there.

G.S. 15A-404 Detention of offenders by private persons.
No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405 [assisting law enforcement officers in making an arrest.] A private person may detain another person as provided in this section.

A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1) A felony,

(2) A breach of the peace,

(3) A crime involving physical injury to another person, or

(4) A crime involving theft or destruction of property.

(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:

(1) The determination that no offense has been committed.

(2) Surrender of the person detained to a law enforcement officer as provided in subsection (e).

(e) Surrender to Officer. - A private person who detains another must immediately notify a law enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law enforcement officer.







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