What if an ex-inmate had a gun...

da24tis · 04-15-2008, 02:27 AM

So you run into an ex-inmate (Convicted Felon) who had threatened to kill you a while back for whatever reason. Let's say your out fishing or camping with your family, and you notice this ex-inmate has got a gun with him. Are the laws of arrest the same as a private citizen?

You know he is a felon, he's not suppose to have any guns, can you arrest or do you have to call the police?

What if your out of cell phone signal range? (I'm in Alaska and 95% of this State is out of cell signal range).

What if the felon saw you and then started heading for this gun, can you blast him away and use the report you wrote saying he would kill you when he got out? or do you have to wait until the felon has the gun in hand and pointed at you?

GUNNER · 04-15-2008, 02:36 AM

Quote:

Originally Posted by da24tis

So you run into an ex-inmate (Convicted Felon) who had threatened to kill you a while back for whatever reason. Let's say your out fishing or camping with your family, and you notice this ex-inmate has got a gun with him. Are the laws of arrest the same as a private citizen?

You know he is a felon, he's not suppose to have any guns, can you arrest or do you have to call the police?

What if your out of cell phone signal range? (I'm in Alaska and 95% of this State is out of cell signal range).

What if the felon saw you and then started heading for this gun, can you blast him away and use the report you wrote saying he would kill you when he got out? or do you have to wait until the felon has the gun in hand and pointed at you?

Good question... One of the main things here is, you do have the right to protect yourself, as that is why they have allowed us to carry off duty. If you are in a position, that you may spot said inmate, but he hasnt seen you, by all means call the police, explain to them who you are and let them know that you have seen this. As far as waiting for the thug to pull his gun and point it. You have to make the judgement call, if a thug looks at me and is going for a weapon, I will probably shoot. I dont know if that is the best thing to do or not. However, I will still be standing. Chances are, useing the report you wrote about the threat and the fact that a felon was standing there with a weapon, chances are you are going to be ok. But one never knows for sure.

BOPCO87 · 04-15-2008, 02:36 AM

BOP we have no arrest power over him, we must call the police. But if he went for that gun I guarantee that he will not have the opportunity to tell his side of the story

.

Gaoler · 04-15-2008, 02:39 AM

Quote:

Originally Posted by da24tis

So you run into an ex-inmate (Convicted Felon) who had threatened to kill you a while back for whatever reason. Let's say your out fishing or camping with your family, and you notice this ex-inmate has got a gun with him. Are the laws of arrest the same as a private citizen?

CO's in VT have no arrest authority, so we would be acting as a private citizen

You know he is a felon, he's not suppose to have any guns, can you arrest or do you have to call the police?

I would call the police, the only time I would ever get involved is if something is actively going down where someone is directly at risk

What if your out of cell phone signal range? (I'm in Alaska and 95% of this State is out of cell signal range).

Contact the PD when I get home

What if the felon saw you and then started heading for this gun, can you blast him away and use the report you wrote saying he would kill you when he got out? or do you have to wait until the felon has the gun in hand and pointed at you?

That's a really dicey legal area. Your safest (legal) bet would be to wait until you are actively being threatened. Can't say for sure what I would do, if I truly felt my (or others) life was in danger then I would shoot, but not until I was sure that someone's life was actively in danger.

And that is what I would do (probably).

GUNNER · 04-15-2008, 02:40 AM

Quote:

Originally Posted by BOPCO87

BOP we have no arrest power over him, we must call the police. But if he went for that gun I guarantee that he will not have the opportunity to tell his side of the story

.

Im with you here, making an arrest really isnt an option. However, protecting yourself is.

GUNNER · 04-15-2008, 02:41 AM

Quote:

Originally Posted by VtCo

And that is what I would do (probably).

more good points

shakedownshorti · 04-15-2008, 02:50 AM

If you have knowledge of him being a convicted felon that is carrying a gun, wouldn't you have the rights of a "private citizen" to detain him and call the police???

GUNNER · 04-15-2008, 02:53 AM

Quote:

Originally Posted by shakedownshorti

If you have knowledge of him being a convicted felon that is carrying a gun, wouldn't you have the rights of a "private citizen" to detain him and call the police???

Possibly, I think that would depend on the state laws. One could attempt to make a citizens arrest.

da24tis · 04-15-2008, 03:22 AM

Ok, Ok...If I were out solo leaving the area pronto would of course be my action...but with a family, lets say a wife and 2 kiddos. If your a family guy/gal and get out fishing/camping/whatever, you know that your kiddos are usually running around collecting rocks or shooting squirrels (depends on age). So If this felon was heading for a gun. I think I would have to draw mine on him as soon as he touched his, not to fire right away, unless he refused my order to back away from his gun. I wouldn't take the chance if my family is near. Like they say I would rather be judged by 12 then carried by 6, or worse...wife or kids.

As a C.O. we should at least have the authority outside of the prison to arrest a KNOWN felon who is breaking the law. I wrote this thread because another C.O. I talked to said this happened to him, fortunately he was alone and was able to pick up and leave the area.

Crosstimbers Okie · 04-15-2008, 03:36 AM

You will be treading dangerous turf unless he actually threatens you.

Remember, certain kinds of "guns" are not firearms under federal law. Antiques manufactured before 1898 I believe, and black powder firearms. These types of "guns" a convict may possess under federal law.

Then there's the laws of the state you are in. Do you know them?

Under Arkansas law convicts may possess black powder firearms.

Under Texas law a convict may possess a rifle or shotgun on his own property provided five years have passed since the completion of his sentence.

Under Oklahoma law a convict may possess a firearm during the course of his employment as a gunsmith.