No retreat laws
I dunno. In southern Arizona at least, the cops might just say "Great job on icing that burglar.".
Some years ago a prosecutor told me he'd gone to the county attorney and asked why they were bothering to prosecute homeowners who had back-shot fleeing burglars. The county attorney responded -- because that's illegal. The prosecutor replied: we've just had three cases of that, back to back, with clear facts, and jury acquittals. If no jury in this county will convict for an act, that act is legal, for all practical purposes. So far as the jury pool is convinced, the real law is open season on burglars, no bag limit. His experience, by that way, was that an appreciable part of any jury pool has been victims of theft in one way or another (we're within 60 miles of the border -- a stolen car can be over the border before you come out of a movie or shopping mall -- so Lord help the thief when it comes to a jury trial. Anytime a thief vs. homeowner case somes to a jury, count on it, there are going to be some angry homeowners on the jury, and no indignant burglars.
Understand, it's legal here to have a holstered gun in a glove compartment, unlocked and loaded. I used to do that. I'm a reasonably careful driver, but in the last 15 years, have twice been stopped for moving violations. Being polite, I pointed out that I had a .45 in the glove compartment with the registration, and would the officer like to hold it? In one case, the officer then engaged me in a long conversation about whether he should buy a Colt 1911 clone, or spend an extra hundred dollars getting a real Colt? I suggested that my Charles Daly clone was utterly reliable and quite accurate. in the other, the officer suggested that I should get a CCW permit, they were very easy to get, and then I could take it with me concealed anywhere. We were fellow gunnies, he just had to write a ticket because I was a little too fast, now let's get down to the important thing, talking about guns.
Life in southern Arizona is good. I heard of one case where the homeowner caught the burglar, stuck a revolver about an inch, and began demanding why he shouldn't shoot him then and there. Then, as the officers arrived, he pistol whipped him a few times and said he'd kill him if he ever saw him again. The homeowner was the late Judge Meehan, if that gives you any idea of local justice.
The question is "How would the judge treat a citizen who did the same as he did to a perpetrator?" I've known only a couple of judges personally in my time, but my take on their response is that it would be one law for the judge and quite another for the ordinary Joe. This is how judges get concealled carry permits here in the PRK, and the rest of us just get to take our chances.
Posted by: RKV at July 22, 2006 08:57 PM