convenient store?


Me and my wife talked about this after reading in the news about a store being robbed in NH. I will ask it and then tell you what she said she would do. Please feel free to put in what you would do.

It's 9pm and you stop at a local convenient store for something (could be gas, smokes, beer, soda anything) you get out of the car and walk into the store. You are in there looking around for what you want the door opens and you hear GIVE ME ALL THE MONEY/GET YOUR HANDS UP. He/She wants all the money in the store you have your hands up as they told you. They turn and point the gun at you and the rest of the people in the store. You see They have that look in their eye and they turn back around. You are Legal to CC you have a feeling that something bad is going to go down. They have that crazy look in that look of being up for days and coming down off of a high, the look that says they will do whatever they need to do to get money for more They turn around again and point the gun at every one again. You can hear it in thier voice they are getting more worked up because it's taking so long to get the money. What would you do?
My wife said as he was turning around again she would shoot them. I said i would do the same when it became clear that they are not just going to take the money/The first time they pointed the gun at me!!

She has now filled out the paper work for her CC permit......
 

capo2186

New member
I would have fired. Dropped him like a bad habit.

Your wife is smart to get that. I hope my girl will get hers one day
 

GHF

New member
In Florida

776.031 Use of force in defense of others

A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

776.08 Forcible felony

"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

In a word - shoot at the first reasonable tactical opportunity.
 
CRIMINAL CODE
CHAPTER 627
JUSTIFICATION
Section 627:4

II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
III. A person is not justified in using deadly force on another to defend himself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety:
(a) Retreat from the encounter, except that he is not required to retreat if he is within his dwelling or its curtilage and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he abstain from performing an act which he is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the actor has provoked the use of force against himself in the same encounter.
(d) If he is a law enforcement officer or a private person assisting him at his direction and was acting pursuant to RSA 627:5, he need not retreat.


So what i get from this (b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary; is if they are holding up the store and they hit the clerk you by law can shoot and kill them? Is that right or no?
 
Last edited:

KimberPB

New member
776.031 Use of force in defense of others

A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

776.08 Forcible felony

"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

In a word - shoot at the first reasonable tactical opportunity.

+1. Here in Florida we'd be more then justified to stop the threat on the clerk or myself. If the BG caught me off guard and has already pointing a gun at me I'd tried to divert his attention to something else (getting the money/clerk). Drawing on someone that's already draw down on you is a bad situation. Most likely, his attention will be on the clerk and getting the money. So Ideally I'd try to move to a position were I'd have the time to draw and get a well aim shot off.

This scenario came up in one of the classes I took. One of the students said they'd move to a good position, announce, and shoot if BG did not comply. The instructor asked why in the world would you draw his attention back to you. Announcing and waiting to comply is only going to get him to turn and possible get a shot off at you. The instructor said, if possible, move to a position for a clear shot and take a well aim shot. Stopping the threat.
 

gdcleanfun

Banned
This came up in our class, too. If the bg pointed the gun at me/us/the patrons then turned backaround and pointed it at the clerk again, I would drop or try to find a position of cover where I could drop the bg with my best shot. I would not wait until the bg turned around and pointed their gun at me/us the second time.

Two questions:

If I shot the bg anywhere but in the front of his body would I be charged with something like unjustifiable homicide if the bg isn't directly facing me?

I realize that there is/would be a direct threat to the clerk or other patrons, and I'm not a LEO so I don't have to yell, "Freeze!" Or must I? I'd be inclined to say nothing and just drop the sucka!
 
see i was thinking the same thing. If you shoot someone in the back.I think up here in NH you have to tell them stop or something to that affect and then shot but i am not sure. I am just unsure about shooting someone in the back WOULD A DA/AD not eat that stuff all up and have you in jail before dinner?
 

KimberPB

New member
see i was thinking the same thing. If you shoot someone in the back.I think up here in NH you have to tell them stop or something to that affect and then shot but i am not sure. I am just unsure about shooting someone in the back WOULD A DA/AD not eat that stuff all up and have you in jail before dinner?

A lot depends on your state laws and the scenario. If you find yourself in a self defense situation and plug the BG 4 times in the back as he is running away. You’re probably going to have a hard time defending that. But here in FL and, from what you posted, in NH we are covered by law in the defense of a third party. So in your scenario not only is there a felony in progress but I would think it would be easy to defend the fact that not only did you fear for the life of the clerk but also yourself. Even more so if he’s already pointed it at you or is yelling at the clerk something like "Give the money or I'm going to shot you." He has the means and already voiced his intent so there is no reason you should have to get the BG to turn and face you before you shoot.

Would the DA/AD press charges.... I would hope not but if they did it should not be hard to defend yourself. Either way, in your scenario the guns already been pointed at you and you feel this guys more like to shot then not so you first goal is to make it home to your wife.
 

tattedupboy

Thank God I'm alive!
Let's throw another monkey wrench into this situation. Suppose you're open carrying right where the perp is standing and he sees your gun. He'll probably shoot you right away unless you see him coming and shoot him first.
 
That is vary true. I just hope i never have to use it. Not because i think i cant do it. But because i know i could/would and i would be more in fear of the SO CALLED GOOD GUYS (DA/AD/Police/the system. Then the BG i would be in fear of them nailing my ass to the wall and sending me to jail for life or for how every many years they could. Because i miss read a law or missed one small loop hole/did not say stop. Idk if any one has seen the new movie FELON out on DVD but he killed some one who did a B/E on his house. He chased him down out side and cracked his skull open with a bat. Go rent it it's a good movie.
 

gdcleanfun

Banned
I see the Sheriff ever few weekends at the VFW where many of us in town eat breakfast on Sundays. I'll try to remember to ask him my 2 questions. If I get answers from him I'll post them.
 

sambo42xa

USA Carry Supporter
S &WM&P40, haven't been on much just here and there, been out for awhile nursing a Back injury. Without knowing All the laws/loop holes here in NH,I would take that person out if My life was threatened (weapon pointed at Me). If the weapon was pointed at the clerk, to me that person is being threatened also. I would have to take cover and take aim and possibly shoot because at that moment You go to take cover the BG is going to see what you're doing and will probably try and take a shot at You. If I saw a "shaddy" character coming in the store, I'd probably exit right out of there to avoid any confrontation/s (but also keeping an eye at a safe distance incase of a 911 call to be made). I don't know, it's kind of hard to say because here you can write it down what you do where as if it did happen You got to think very quickly. I know there are some out there who have actually been in this type scenario, I myself have not. Oh, and I wouldn't go for the Back unless you got a good lawyer. That would be one less thing on your hands.
*Getting closer to buying that AR! Get your weapons now before it gets tougher to purchase!
 

LVLouisCyphre

Obama is a mack daddy!
Simple...

Shoot. If the person is in a diminished mental capacity and coming down off of something then the answer is obvious. I have worked in a psychiatric hospital before as a mental health tech (psychiatric nursing assistant) and have seen that look before too many times.

Keep in mind that you are there from the start of the incident so you have a high confidence that things are what they seem. That's the difference between that and other scenarios I have commented on where you're a 3rd party that's walked in on something. You must know all the players and the entire story before taking action. If you see the forcible felony happening from the beginning that's one issue and you have a much higher probability of making the correct decision. If you don't know the entire story then you need to do what you can to further assess the situation.

You only get once chance to do it right. Make a mistake you'll ruin or end your life. There is no restore from a saved point like on video games.
 
Hey Sambo,

STOP TOUCHING MY BUTTERFINGER!! That right there is all the reason you need to shot someone LOL j/k. That was a great joke. Sorry to hear about the back i hope it heals fast. How it the shooting range going?:eek:fftopic::eek:fftopic: That is true about saying it and then when the time comes not doing it. IDK there is just something about shooting them in the back. I feel they would make a case for murder ( they will say how was he a threat? His back was to you) Unless you have a badge (they call it murder).
 

sambo42xa

USA Carry Supporter
:eek:fftopic:............the Shooting "Area" is still being worked on a little at a time. As of right now, we are just filling in the burm with clean fill and wood chips as I get them. Trying to pack in between the stack of tree's we stacked up. This way, over the winter into spring it'll work its way into the spaces of the stack. My friends excavator is still there which makes it easy to keep piling fill ontop.
Get back on topic!!!! :agree:
 

LVLouisCyphre

Obama is a mack daddy!
That is true about saying it and then when the time comes not doing it. IDK there is just something about shooting them in the back. I feel they would make a case for murder ( they will say how was he a threat? His back was to you) Unless you have a badge (they call it murder).
In most States it is legal to use lethal force in the defense of others. The abstract yardstick in defense of others is would anybody involved in the incident be justified in the force you used given the circumstances.

Classic example you see someone charging at someone with a knife and the aggressor's back is to you. If you know the whole story as to why the person is charging with a knife and that someone may suffer death or permanent bodily harm then yes you are justified in shooting them in the back to stop the attack.

Again, in all scenarios you need to know the whole story and who the players are. If you don't, do something to find out what the whole story is. You only get do it right once. There is no restore from a prior saved point when it comes to these situations.
 
Last edited:

HK4U

New member
Let's throw another monkey wrench into this situation. Suppose you're open carrying right where the perp is standing and he sees your gun. He'll probably shoot you right away unless you see him coming and shoot him first.

True and that is the main reason I would choose concealed over open.
 

Members online

No members online now.

Forum statistics

Threads
49,345
Messages
622,625
Members
74,169
Latest member
gamike
Top