using deadly force to defend generator

[Wolf359]

Originally Posted by DejaVue
Originally Posted by SubieRubyRoo
Never in a million years would I expect a jury to call you "not guilty" for shooting and killing an unarmed guy stealing your generator. Ain't gonna fly.

Put me on that jury and we'll see.

I thought it's pretty common in Texas to have people legally shoot thieves on their property outside of their home.

Chaining the generator down can help against opportunity theft, but anyone who really wants it will just bring a bolt cutter. Some people will hide the generator in some way and muffle the sound and then run the exhaust away from the house, sometimes underground to hide that pipe too.


Maybe that's why he should pour a concrete pad and bolt it down with some tamper resistant bolts and point a camera at it. Probably cheaper than planning on killing someone if they steal it.

 

[supton]

If you were to build a lean-to on your house and put the generator under that, would a burglar somehow be entering into your home? Wouldn't be considered breaking and entering, unless if there was a door on it somehow, I'm guessing. Just fishing around. I know my neighbor has left his generator in a shed & running (not a great idea to me!) but I don't know how that changes anything.

It'd have to be quite the storm for me to shoot someone stealing from my yard. I'd rather invest in a really good camera and let the cops deal with it later. Assuming that if shooting was somehow possible (how would I witness this in the first place?), I'd think video'ing the get-away would be just easily done.

*

If I was really worried about it, I'd build a shed and put in proper intake/outlet ventilation on the thing and call it a day. Lag it down, locks on doors, etc. In the end it's a shed that would probably just as useful storing all the usual stuff, so other than the extra cost to put in a good door to make it hard to break in, it wouldn't be that much extra work.

 

[Wolf359]

Originally Posted by supton
I know my neighbor has left his generator in a shed & running (not a great idea to me!) but I don't know how that changes anything.


That's a little crazy. I think there was some case where a guy left his generator running in the garage and when he went to open the door to the garage, he was overcome by the fumes and just died from CO poisoning.

 

[supton]

Yeah, my neighbor is a bit of a nutter. I don't think he kept it in the shed to prevent theft, it just lives there. And is run there when needed.

 

[Al]

Originally Posted by Astro14
Originally Posted by Nickdfresh
Originally Posted by Al

Quote
I would not use deadly force to protect a generator.

Of course not. You are in the peoples republic of NY. You could in other states. But I wouldn't anyway. You would be sued and it only takes 7 jurists to convict.

Chain it up...seriously.


Which states, Al?

Maybe you can leave valuable things in your yard as an excuse to shoot people, in Pennsylvania? I mean, should we kill people that steal Amazon packages? Maybe. But what happens when old man big-internet-balls accidentally sends bullets into his neighbors houses or God forbid kills a kid unintentionally when spraying the neighborhood with well intentioned, crime-fighting lead?

But yeah, chain your generator up FFS...


I think you're taking the point wrong.

He's not advocating shooting for property, he's saying that you can use deadly force to defend against a life-threatening act.

If your grandmother needed her oxygen tank to live, and a criminal was stealing it, can you use deadly force to stop the theft? The theft will kill her. It is a lethal threat. A proportional response (lethal force against lethal threat) is not unreasonable.

Now, is the generator loss life-threatening? Well, in the blizzard and cold, the OP has suggested that it is.

I would not, personally, kill over that generator, I would take other means of security.

How would a jury see this?

I've got no idea...they might agree with the proportionality argument. They might not.

Thank you. I was being"funny" with the NY thing.
Shooting someone would be the absolute last thing you should do. If you can safely get out of Dodge while under threat-do so. But if doing so leaves the lives of others when you flee its your choice to protect others. Its not required. I couldn't live with my self.

Someone in your garage? Yes you can legally shoot in PA. I would slam the door and retreat to the house. There could be two of them in the garage or elsewhere.
On the other hand, if I am forced to shoot someone who clearly wants to kille me or someone else... (which is statistically near impossible). ..As long as I can put lead in the front of him I will. I want him dead so he never harems anyone again.
You really need to think these things ahead of time..

 

[DoubleWasp]

Originally Posted by WhyMe
we are going to have a big snow storm in the PNW. its will last for pretty much a week . winds are expected tonight. this means there may be power outages. coupled with the cold its gonna be bad for a lot of folks. this is a rare occurance in this area. Drove past costco this morning and it was a zoo. parking lot full and gas lines 10 deep.

i have a generator and its in the back so no one can get to it while its running. my cousin has one also, but in use its in the front, we were discussing how to keep generator thieves from stealing it . i said be prepared to use deadly force . it would be like you coming in and taking all my food and water . desperate people do desperate things.

i equate you stealing my generator when its freezing outside to putting me and my family in danger.


So you guys in the snow states that get hit all the time, do people steal generators? has there been a case where a homeowner used deadly force to protect power to ones home? what was the outcome?

thanks



This depends entirely on what the Castle Doctrine laws are on your state. Most do not allow for the shooting of a person for the act of property theft.

What a jury does or does not think may not matter. Do you really want to get the cuffs slapped on you in front of all your neighbors? Spend a weekend in jail? Commit ridiculous funds for bail and go through a trial where you get to sit with your mouth shut while a bunch change of strangers listen to another stranger talk about what a pile of garbage you allegedly are?

Generators are not light, and they are hot as fire if they have been running. Nobody is going to see you with a gun and just continue on taking a generator. Point it at them if you wish, but I can think of at least 1000 better ways of dealing with that situation than killing a human being.

What if it is snowing? Really want to open fire on your neighborhood in poor visibility?