question about citizen arrest with gun?

Question

i was at a gas station in california and two guys got out of a truck and started beating on a guy, if this were to happen in Arizona (where its legal to holster a handgun) could i pull a gun out and do a citizen arrest with it?

Answer 1

Sure. You better hope they aren't armed or better trained than you, or you are gonna get seriously hurt.

Use your phone and call a professional.

If you want to carry a gun and get the bad guys, go to the academy like everyone else.

Answer 2

Dicey. I see conflicting things happening. There is the "Good Samaritan" law which covers you (though not too far) if you try to help someone. That's one issue.

Another issue is the general "Citizen's Arrest" thing- mostly frowned upon by law enforcement. If it's serious enough to require an arrest, it's better for them to do it.

So what should you have done? Hard to say with certainty. Sometimes people fight (even two on one) because they know each other. Sure, one of 'em gets whupped (pretty un-technical legal term), but then afterwards they make up. You interfere, and suddenly it's YOU who's the bad guy.

Now one more issue- you can only use lethal force (the gun) if there's imminent threat of death. So, while it may feel good to throw down on the guy who spit on your car, you can't convince a jury that there was imminent threat of death. In this case, you've got two guys beathing a third. Think the third guy was in imminent fear of death? Well, then you *might* have been justified.

But then you put yourself in a very tough situation. If you point the gun at 'em and tell 'em to stop, what do you do if they don't? What do you do if they approach you with nothing more than their fists? At that instant, you've gotta look forward with certainty to being in a courtroom- "Yes, when they took a step towards me making a fist, I thought they would kill me so I shot." That's gotta wash with a jury. Once you throw down, you've got nowhere to go but to pull the trigger. Puts you in a bad position.

Situations change, moment by moment. Maybe a sensible guy, seeing you have a gun, would stop beating the third guy and back off until you call the cops. But you know that the kind of adrenalin-fired idiot who starts beating up someone isn't likely to have much sense, so things would probably have gotten worse.

Best case scenario- you throw down and the idiots split. Then you've gotta explain to the cops why you had a gun in your car, right where you could get to it. Starts to look like you're a sandwich short of a dangerous picnic. And it might end up *you* who leaves in handcuffs.

If you ask the cops, I think they'll tell you to be a good witness. Of course, if the guy looks like he's not going to survive, you gotta go with your best instincts.

I'm not sure there is a really good answer here. But you'll find some worthwhile opinions below.

Answer 3

California law allows a Citizens Arrest to stop a felony before, during and after commission. I do not recall the exact wording about the force issue to restrain the perpetrator.

Guns, with very little exception, cannot be carried loaded. Many years ago you could walk around with a visible holstered sidearm.....the catch was it could not be loaded. I doubt that can be done now.

First thing I learned about weapons was to never point it at a human unless you intended on shooting. Generally unless your home is being invaded by someone with a gun you cannot shoot.

Call 911 and try to remember as many details to catch the monkeys

Answer 4

Loaded or unloaded, you have escalated the situation from something minor (harassment) to something considerable (brandishing, attack with a unfavorable weapon, etc.) better than probable, while the police look, you would be the only leaving in handcuffs. you may get the satisfaction of seeing the "punk young ones" additionally being taken away in handcuffs, yet better than probable, they're going to be going to the police branch to report a grievance against you. in case you may make the case which you have been in worry to your companion's mom's existence, or your guy or woman, or have been threatened with serious actual injury, then it would finally end up ok interior the top. when you have been arrested and to courtroom.

Answer 5

Personally I would NOT get involved personally unless I had reason to believe someone's life was in immediate danger. (yes I have a license to carry a gun and do so). I would call the police if I didn't think that was the case and observe.