Attempted break-in on my Pickup. At gun range!

[cjlandry]

I shoot at the Sharp Shooter in Corpus Christi at least twice a week, unless I'm on business out of town.

Today (Sunday), I began shooting at 13:00 and stopped at 16:00. When I went to get in my truck, my key wouldn't go in because someone had tried to break in.

I don't know what they were after. This is a late-model Ford with the chip in the key, so I don't think it would be as easy to steal as some other pickups.

There was nothing valuable in the truck.

But it was a nice, sun-shiny day outside the Sharp Shooter, and the place was very busy. Pistol shooters having to go on the rifle range because the pistol range was full.

People constantly in and out of the place. Off-duty LEOs in and out all the time, practicing their skills.

But they felt safe trying to break into my truck, which had nothing of value inside.

The thing that bothers me is that I don't know how I would have reacted if I'd walked outside and caught them in the act.

I know I wouldn't have drawn on them, unless they had a weapon (I guess the screwdriver they used to try and break in may have counted), but I may have tried to capture and restrain them without using deadly force.

I got my police report and case number, and I went on my way.

It's a company vehicle, so I don't have any out of pocket expense. I just hate that I have to deal with this nonsense.

I have to decide how I'd deal with such an event in progress. Is this a felony in progress? Or is it not yet a felony because they haven't actually stolen the truck or anything of value yet?

[gigag04]

Is this a felony in progress? Or is it not yet a felony because they haven't actually stolen the truck or anything of value yet?

Why does this felony thing keep popping up.

I must be missing something...but I don't see a felony mattering in DF situations.

If noone is in harms way, call the cops or if one works at the range (sometimes LEOs work at LGS's) then mention it to them.

-nick

[Johnny]

I don't see a felony mattering in DF situations

I think there are some states where it does. I guess you could shoot if it were at night, but I don't see much of a reason to shoot someone trying (as distinct from succeeding) to break into my vehicle. I guess if he came after me with his screwdriver, I might have to defend myself, but not before.

I think I might just yell at him to get on the ground. If he complies, it's an easy collar for the responding officer. If he tucks his tail and toddles off, I'll give a good description of him. If he comes at me with a weapon, he's paid for. I don't think I would even draw my pistol unless I had to, although I might have my hand on it. Actually, I think I would try to stand around the corner of something large and heavy, so he probably wouldn't know I'm armed (with a ready weapon, that is).

As for the felony thing... Check fraud is a felony. Only shoot when your life and limb are threatened.

[cjlandry]

You're right. The word "felony" doesn't seem to apply.

My mistake.

As I stated, I wouldn't even bother to draw on such an idiot. However, I would feel much better about life in general if I were able to prevent his/her committing such a crime against someone else later in the day.

It really sucks if the law requires that I let them leave and all I have is a description that matches 50% or more of the males in the city.

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:

(1) if he would be justified in using force against the other under
Section 9.41; and

(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by
any other means; or

(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.

PC §9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to protect
land or tangible, movable property of a third person if, under the circumstances
as he reasonably believes them to be, the actor would be
justified under Section 9.41 or 9.42 in using force or deadly force to
protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes
attempted or consummated theft of or criminal mischief to the
tangible
movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or
property;
(B) he has a legal duty to protect the third person's land or property;
or
(C) the third person whose land or property he uses force or
deadly force to protect is the actor's spouse, parent, or child, resides
with the actor, or is under the actor's care.

PC §9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification
afforded by Sections 9.41 and 9.43 applies to the use of a device
to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by the actor to
create a substantial risk of causing, death or serious bodily injury; and
(2) use of the device is reasonable under all the circumstances as
the actor reasonably believes them to be when he installs the device.

It's not altogether unclear. But I won't use deadly force to protect a company vehicle.

My own property may be a different story, but only after all other avenues are exhausted.

[mrvmax]

If it were a company vehicle (if it were a personal vehicle, it might make me a bit more angry, but my reaction would be the same), why take the chance of going to jail? As was stated before, unless they are coming after you with a weapon, let it go. In my mind, it isn't worth the possible legal ramifications just to get a little self justice.