After being robbed at gunpoint, while carrying, what can you do?

[acfixerdude]

I imagine the scenario where I'm held up at gunpoint and mugged/robbed while carrying. Hopefully they don't injure me and I just hand over my stuff (not my handgun though), but what can I do once they start taking off? Easy answer if its night time since 9.42 says deadly force is allowable during the night, so long as the other requirements of the statute are met; but what if its early morning or mid day?

I guess as soon as they start taking off I would still be in fear of my own life, especially if I was in pursuit.


On the other hand, if me and a buddy of mine get held up at gunpoint I could pursuit and use deadly force in protection of his/her property, regardless of if its night or day, correct?

That last scenario happened (not to me) earlier today to a couple girls, and the crooks got away with birth cert., ss card, a purse, etc.

There have been many recent home invasions lately in Lubbock and more and more robberies... I'm not liking this one bit.

~Michael

 

[Rangerscott]

Pursuing would probably go against you since the "danger" is gone. Shooting them in the back is a no no I believe.

 

[Texan2]

Chase them down? There was this guy in Sanford, Florida...

 

[txinvestigator]

First, being in fear of your life is not a justification for deadly force.

Under your scenario, you are justified in using deadly force to prevent someone from escaping with your property after committing an aggravated robbery, if you reasonable believe it is absolutely necessary, AND if you reasonably believe that the property cannot be recovered by any other means, or that using force less than deadly force would expose you or another to a substantial risk of death or serious bodily injury.

Time of day matters not.

That said, the danger to you is over once the bad guy flees. If you pursue, justified or not, the danger to you is tremendous.

Hope this helps

 

[hkusp1]

If the bad guy runs away and you remain uninjured find a safe well lit place and call the police. Do not pursue the bad guy and do not shoot him or wave your gun around as he walks/runs away. After the bad deed is done and you are alive and well it's the police departments issue to deal with. It's about staying alive not being a hero to yourself or others.

 

[Mr. Bojangles]

I've been pondering scenarios like this as well. For example, if I got carjacked, could I shoot the guy once he's in my truck and about to take off? I'd have to say that in a scenario like this, or the one the OP presented, I would be hard pressed not to pull the trigger.

 

[RstyShcklfrd]

I've thought about this situation before, especially with the increasing number of armed robberies in my area. What are ya'lls take on tossing your wallet as a distraction to draw? Bad idea?

 

[acfixerdude]

I guess I didn't come across the way I wanted too...

I don't really want to chase these guys down, but to end the threat asap. As soon as I had the chance to, if they turned for a second or whatever, I would draw to end the threat. Now whether or not they were turning to flee, who knows. These guys have guns drawn on me and are ready to use them, if I see my chance I'd take it 'cause there's no knowing if they'll leave me alive or if they're not ones for leaving witnesses.

 

[txinvestigator]

I guess I didn't come across the way I wanted too...

I don't really want to chase these guys down, but to end the threat asap. As soon as I had the chance to, if they turned for a second or whatever, I would draw to end the threat. Now whether or not they were turning to flee, who knows. These guys have guns drawn on me and are ready to use them, if I see my chance I'd take it 'cause there's no knowing if they'll leave me alive or if they're not ones for leaving witnesses.

Seems you have answered your own question.

 

[txinvestigator]

I've thought about this situation before, especially with the increasing number of armed robberies in my area. What are ya'lls take on tossing your wallet as a distraction to draw? Bad idea?

Works good on TV.

 

[RstyShcklfrd]

Works good on TV.

That's what I figured. Lol

 

[txinvestigator]

I've been pondering scenarios like this as well. For example, if I got carjacked, could I shoot the guy once he's in my truck and about to take off? I'd have to say that in a scenario like this, or the one the OP presented, I would be hard pressed not to pull the trigger.

Google Texas Penal Code 9.42.

Also consider the potential consequences of killing someone. What is the deductable on your truck. What is the retainer for an attorney if you kill someone? What will be the effects on you and your family if you kill someone? Are you prepared to deal with that?

Do not misunderstand me, protect yourself and your family!

 

[hkusp1]

Also consider the cleaning bill from havering all the brains cleaned out of the cab.

 

[acfixerdude]

TI, perhaps you can help explain the AND's in 9.42. It mentions AND right before the part where it mentions the event occuring during the night. I'm reading one thing but I'm hearing something else.

 

[Bithabus]

TI, perhaps you can help explain the AND's in 9.42. It mentions AND right before the part where it mentions the event occuring during the night. I'm reading one thing but I'm hearing something else.

The nighttime qualifier only applies to theft and criminal mischief

 

[txinvestigator]

The nighttime qualifier only applies to theft and criminal mischief

What he said.

 

[matefrio]

Having a gun gives you an option not a solution.

 

[FlashBang]

If the perp runs off before you can drop him, the best thing you can do is be a good witness/victim and provide full description to the Police.

 

[ChunkyMonkey]

Throw some skittles and a drink at them

 

[hkusp1]

Throw some skittles and a drink at them