3 Scenarios...3 Legal opinions

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gaptrick
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Re: 3 Scenarios...3 Legal opinions

Post by gaptrick »

And to add... If I don't feel my life or loved ones life is in danger of death or great bodily harm that firearm is staying put. That goes for if there was a sign on the door or NOT and I was armed anyway.

A teller... remains to be seen. If I felt I could put it to his head and drop him one shot, probably not. There will be no shoot out involving me for a bag of someone else's money.
Unarmed people are vulnerable people, and criminal predators prey upon them.

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Re: 3 Scenarios...3 Legal opinions

Post by Six Shooter »

Funk49 wrote:Recently, a bank here in Geauga County was robbed,which brought to mind...What if I was in that bank,carrying at that moment, and I saw it taking place. Here are 3 scenarios
up for opinion.....

A.......I witness a robber, having gotten the money put in a bag by the teller, retreating to the door. No firearm is sighted at this time. Everybody in the bank is aware that a robbery is in
progress. No "No guns allowed" signs on the door of the bank,so I'm allowed to carry concealed. Am I legally allowed to draw my weapon,point it at the robber, and command "Put your arms in the air!..I'm a CCW holder!"
No shots are fired. The cops come,arrested the robber....robbery thwarted. Could I be charged with ....something?

B.......I witness a robber, having gotten the money put in a bag by the teller, retreating to the door. Everybody in the bank is aware that a robbery is in
progress. No "No guns allowed" signs on the door of the bank,so I'm allowed to carry concealed. A weapon IS used and the teller is terrified. I draw my firearm and say,"Put your arms in the air!..I'm a CCW holder!"
He aims at me,I fire at him. I hit him...robbery is thwarted. Assuming I am not hit and survive,would I be charged with firing my gun at the robber since he used his gun aimed at a teller,threatening her life?

C.......Mind my own business.let the robber go,regardless of the fact he just threatened someone's life with a gun. After all,property is not a reason to shoot at someone.

You are over-thinking the scenario.

MyWifeSaidYes wrote:Why the fudge would you yell anything, let alone, "...I'm a CCW holder!":?

How about;

A and B, puts you at risk for misidentification by the police (or other motivated CHL holders).

C would be the answer.... with the caveat, of being a good witness. Unless, your life was threatened.

Just my opinion.


Have you ever considered, banking Online ?? :wink:
thresher_593
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Re: 3 Scenarios...3 Legal opinions

Post by thresher_593 »

Not to stray from the topic, but we had a bank robbery here in my little burg a few years ago. You can literally drive a golf ball from that bank to the police station.

Took the cops 15 minutes to get there. They went to the wrong bank branch initially.

And here's another thought:

If, upon witnessing a bank robbery in process, are you obligated to do something to stop it? The reason I ask is that we had a gas station stick up a couple of months ago where a CCW holder was in the building waiting to pay for his morning java. Upon finding out that one of the witnesses was armed, the police asked him why he didn't try to stop the thief?

Interesting questions.
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Re: 3 Scenarios...3 Legal opinions

Post by schmieg »

thresher_593 wrote:Not to stray from the topic, but we had a bank robbery here in my little burg a few years ago. You can literally drive a golf ball from that bank to the police station.

Took the cops 15 minutes to get there. They went to the wrong bank branch initially.

And here's another thought:

If, upon witnessing a bank robbery in process, are you obligated to do something to stop it? The reason I ask is that we had a gas station stick up a couple of months ago where a CCW holder was in the building waiting to pay for his morning java. Upon finding out that one of the witnesses was armed, the police asked him why he didn't try to stop the thief?

Interesting questions.
No, you are not obligated to do anything except to be a witness. Some feel that you should act if an innocent is being threatened with death or serious bodily harm (the pointing of a firearm at a teller or other person in the bank would qualify) and some feel that you should not unless the threat is against you or a family member, but there is no legal obligation either way. That is a choice you have to make personally and it depends on your individual feelings. I, personally, would probably intervene if it could be done safely (safely includes the safety of others as well as myself), but problems can arise whenever you pull the gun and you should be aware of that.
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Re: 3 Scenarios...3 Legal opinions

Post by WestonDon »

thresher_593 wrote:Not to stray from the topic, but we had a bank robbery here in my little burg a few years ago. You can literally drive a golf ball from that bank to the police station.

Took the cops 15 minutes to get there. They went to the wrong bank branch initially.

And here's another thought:

If, upon witnessing a bank robbery in process, are you obligated to do something to stop it? The reason I ask is that we had a gas station stick up a couple of months ago where a CCW holder was in the building waiting to pay for his morning java. Upon finding out that one of the witnesses was armed, the police asked him why he didn't try to stop the thief?

Interesting questions.
I have to wonder what that cops reaction would be if he had tried to stop the thief and it went south.
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Re: 3 Scenarios...3 Legal opinions

Post by M-Quigley »

WestonDon wrote:
thresher_593 wrote:Not to stray from the topic, but we had a bank robbery here in my little burg a few years ago. You can literally drive a golf ball from that bank to the police station.

Took the cops 15 minutes to get there. They went to the wrong bank branch initially.

And here's another thought:

If, upon witnessing a bank robbery in process, are you obligated to do something to stop it? The reason I ask is that we had a gas station stick up a couple of months ago where a CCW holder was in the building waiting to pay for his morning java. Upon finding out that one of the witnesses was armed, the police asked him why he didn't try to stop the thief?

Interesting questions.
I have to wonder what that cops reaction would be if he had tried to stop the thief and it went south.
Exactly. It's not the cop that's facing potential criminal and civil liability. A civilian doesn't have a union to back them up in a shooting incident either.
When I was interviewed by a detective once concerning a knife welding attacker, the detective asked me why I didn't shoot him. I repeated that the guy immediately stopped moving and then dropped the knife when ordered to do so. The detective then said, "No, I mean before that, when you first drew your gun? While he was that close you didn't need to step back and give him commands. You could've just plugged his ---. He would've been bought and paid for."
While it's technically true and I took a risk not shooting him immediately (i.e. Tueller drill) he said some other things that made me think my safety wasn't his reason for saying that, like "Now he's just going to try to rob someone else." Of course if I had shot any number of potential things could've happened. I could've missed and hit an innocent person, the bullet could've gone through the BG and hit some innocent person, or some alleged witness could lie and say something happened that didn't happen. (like what someone did in Cincinnati recently prior to the video coming out) If there hadn't been video Cincinnati might've been like another Ferguson, Mo. That detective certainly wasn't going to pay my or my employers legal bills.
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Re: 3 Scenarios...3 Legal opinions

Post by High Power »

I won't comment on your three scenarios except for this: If you were to be a hero, save some lives and a bunch of money for the bank, do you think the bank would ever reward you or contribute to your legal defense fund?
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Re: 3 Scenarios...3 Legal opinions

Post by NavyChief »

I am armed for the protection of "me and mine." Period.

So "A" is absolutely off the table for me. "B" is situational - I'm not going to say I won't intervene to protect others, just that the odds are at best 50-50. "C" is my most likely course of action.

I'm not even going to get into the legalities. Doing so (IMO) is very much akin to "How many angels can dance on the head of a pin?"
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
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