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Thread: Protecting my Property

  1. #1
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    Default Protecting my Property

    So my nice neighborhood has been plagued in the past year by thieves getting into our trucks and taking stuff. the question is if I catch them in the act what can I do legally because our worthless cops havent done anything yet and havent even bothered to show up once.

  2. #2
    Member Float Pilot's Avatar
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    Sounds like you live around Homer...
    Floatplane,Tailwheel and Firearms Instructor- Dragonfly Aero
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    Nope South Anchorage

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    Member gunbugs's Avatar
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    If you hold them at gunpoint and call the cops and tell the dispatcher you have caught burglars and are holding them at gunpoint, rest assured, the cops WILL show up. I'm not a lawyer and I don't play one on TV.
    "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise, and independence to the mind."

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    Member Matt's Avatar
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    The DLP law just ain't for animals . . .

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    With the standard "I am not a lawyer..." disclaimer, my understanding is, the law does not allow for the use of deadly force (such as holding them at gunpoint) solely to stop a vehicle break-in...with exceptions. If you're in the vehicle and have a reasonable belief that deadly force is required to stop a carjacking or the theft of a car occupied by another person, then it can be justified. I also think you may do so to stop the burglary (or arson) of an occupied RV, since the law allows for the same in the case of an occupied residence.

  7. #7

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    I don't know, so I'd recommend getting on good terms with a cop or lawyer. They'd know. After my house was robbed (I live in WA now) I ended up getting an alarm system & storing everything under lock & key. If I kept stuff in my car, I'd keep it tucked away & preferably secured in a bolted-down hard case of some kind. I'd also upgrade my car alarm & always park in plain sight.
    Tsimshian tribe, wolf clan, the house of Walsk.

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    Castle Doctrine..............

    AS 11.81.335. Justification: Use of Deadly Force in Defense of Self.

    (a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against

    (1) death;

    (2) serious physical injury;

    (3) kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;

    (4) sexual assault in the first degree;

    (5) sexual assault in the second degree;

    (6) sexual abuse of a minor in the first degree; or

    (6) robbery in any degree.

    (b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter,, except there is no duty to leave the area if the person is

    (1) on premises

    (A) that the person owns or leases;

    (B) where the person resides, temporarily or permanently; or

    (C) as a guest or express or implied agent of the owner, lessor, or resident;

    (2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;

    (3) in a building where the person works in the ordinary course of the person's employment; or

    (4) protecting a child or a member of the person's household

    Here is a link..............
    http://touchngo.com/lglcntr/akstats/...Section335.htm
    Doug
    "The older I get, the better I was."

  9. #9
    Member Float Pilot's Avatar
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    A few months ago some folks up around Anchor Point became tired of having their houses burglarized by a couple of their local thieves. After months of outwitting AST the tow were cornered by a couple local folks, who I refer to as the Anchor :Point Justice League.
    After they tied up the tow dirtbags they called AST... Now there is a chance that they may be facing some sort of charges themselves... Traumatizing a dirtbag or some such BS.

    They should have just tied up the crooks and then made an anonymous phone call.

    It would be a shame if some unknown person or persons wearing ski masks took a pick-axe handle to the thieves in your area... The poor darling may be out of business for awhile...

    he way things are going I would not expect much help from the city or the state. Nor would I be telling anyone about whatever you may or may not, end up doing.
    Floatplane,Tailwheel and Firearms Instructor- Dragonfly Aero
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    Default Robbery...

    in any degree...that pretty much sums it up right there...

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    Member greythorn3's Avatar
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    loose lips sink ships. what they dont know wont hurt them.
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    Default Better review the definition of robbery first...

    Quote Originally Posted by gogoalie View Post
    in any degree...that pretty much sums it up right there...
    ...before shooting someone breaking into your vehicle.

    AS 11.41.500. Robbery in the First Degree.

    (a) A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant

    (1) is armed with a deadly weapon or represents by words or other conduct that either that person or another participant is so armed;

    (2) uses or attempts to use a dangerous instrument or a defensive weapon or represents by words or other conduct that either that person or another participant is armed with a dangerous instrument or a defensive weapon; or

    (3) causes or attempts to cause serious physical injury to any person.

    (b) Robbery in the first degree is a class A felony. AS 11.41.510. Robbery in the Second Degree.


    (a) A person commits the crime of robbery in the second degree if, in the course of taking or attempting to take property from the immediate presence and control of another, the person uses or threatens the immediate use of force upon any person with intent to

    (1) prevent or overcome resistance to the taking of the property or the retention of the property after taking; or

    (2) compel any person to deliver the property or engage in other conduct which might aid in the taking of the property.

    (b) Robbery in the second degree is a class B felony.

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    Quote Originally Posted by gogoalie View Post
    in any degree...that pretty much sums it up right there...
    I imagine that this would not fall under "robbery" but rather "theft". As far as I understand the Castle doctrine if you see someone outside your home and you are safe you cannon go and shoot them. You should make every attempt to contact Law Enforcement. Now if you heard something outside and went to investigate and where then confronted or threatened it may be a different story. I know that I would definitely not state on an official report that I "Saw someone breaking into my truck then grabbed my pistol and went out to confront them." I would definitely state that I "heard a noise and went out to investigate, thinking it was the neighbor dog tearing up my trash can. I was horrified to find __# of armed assailants who rushed me with obvious intent to do harm. Luckily I always have my pistol on me and was able to protect myself"

  14. #14
    Supporting Member Amigo Will's Avatar
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    Say you thought it was a bear and shot it,works for folks killing their guides
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

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    Member greythorn3's Avatar
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    i dont anyone is gonna fuss over a dead scumbag.
    Semper Fi!

  16. #16
    Supporting Member Amigo Will's Avatar
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    Even Joe Horn got off he he shot his in the backX2
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

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    First you gotta catch 'em.

  18. #18
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    Default Who was that...

    Preacher in the Valley that got off charges from shootin' two robbers? & He shot one in the back?

  19. #19

    Default Get creative.

    I broke a guy's arm when he tried to get into our house during the middle of winter. He took a swing at my wife and his fist didn't make it. I held him in the snow outside of the house for 30 minutes until the troopers showed up. I had him in a full mount position and put his arm in an Americana.(good old fashioned Keylock). The nut job tried to scratch me so I broke his arm. I stayed there until the troopers were there and I asked them if they were ready. They said yeah and I pushed him to them. He took a swing at them and the clubs came out.
    He got two months for fourth degree assault on my wife. The troopers were right behind us. They said that we did everything right and the judge said I used good judgement. However, this is in Fairbanks and not Anchorage.

    What I would do is to put a old defunct XBox (360s- lots are dead) picked up from a yard sale close to your entry or porch. Put it high enough so that kids can't get it but that it is visible. I might even spray paint it with a florescent paint accent. Then I would take a connibear trap that I would set and carefully conceal with a contractors bag. I would put it on top of the defunct XBox.

    You will have a good trail to find out who your burglar is.

    It isn't a set trap you just are careless with your traps and such and forgot to unlatch it.

    Best,
    Thomas

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    I was told once, what may be right may not be legal according to the law. And I've heard it's best not to get tangled up in the court system for any reason.

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