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  • 12 Gauge less lethal

    This is kind of an odd question...

    Let's say someone breaks my car window in hopes of stealing something. If I catch them in the act on my property, I can not shoot them here in IL based on just theft.

    I load my home defense shotgun with one less lethal shell [first], followed by three 00 buck shells. Can I still pop them with the less lethal I.E. bean bag, rubber balls, etc. while they run away? I would hate to be in this position but if they pose no threat and attempt to run I would at least like the satisfaction of popping them with a bean bag. Is this legal?

    I'm not sure if legality really matters here as far as being sued by a criminal which is not likely anyway, but is this considered discharge of a firearm? Would most officers file charges if they respond to shots fired or a burglary, given the circumstances?

    Thanks.
    "By eating a misdemeanor, you just committed a felony."

    Spiral out. Keep going, going...

  • #2
    My heart applauds you, but both my head and my gut says, "Noooooooo, don't do it."

    IMO, and perhaps an IL cop can give you what your really need to hear, you leave yourself open to other charges. Less-lethal it may be, but it is capeable of hurting someone and doing permanent damage. You really could, "make someone lose an eye." Even if you miss, there might be negilgent discharge of a weapon charges filed against you. Civilly, a car burglar might find a bottom feeder personal injury lawyer to sue you for damages. They'll be glad to go to jail - but with your homeowner's insurance company cutting him a check.

    You really have to balance the outcomes....what sentence does a "car window breaker" get in IL, anyways? Back in CA, it usually got someone a suspended sentence and unsupervised probation. Other than the satisfaction of making some turd's backside black & blue, you just might end up with assault charges, a confiscated weapon, and a civil penalty.
    "You're never fully dressed without a smile."

    Pain is inevitable, suffering is optional.

    Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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    • #3
      Move to Texas and blast away with buckshot (but only during the hours of darkness)!

      Just a guess since I'm not real familiar with Illinois law, but I would venture to say that it would be illegal. Depending on how liberal the area you live in is, I could see difficulty getting a conviction on it.

      Comment


      • #4
        Naperville...ritzy suburb.


        Thanks for the replies. I'll think about it before I pop a shell at someone, IF that's the case.

        The reason I asked is because my neighborhood and the area around me has 3-8 burglaries every week. They are breaking into cars, unlocked doors, open garages, and coming into houses to sneak around. I have a 12 Gauge Remington 870 and a Ruger SR556 with a surefire light at my reach but I was thinking about confronting someone who attempts to break into my car. They will run, and I wouldn't want them to get away untouched..
        "By eating a misdemeanor, you just committed a felony."

        Spiral out. Keep going, going...

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        • #5
          I am pretty sure that in most states, assaulting someone who is running away is a no-no. Many states will not worry about prosecuting you, but I think Illinois probably does not fall into that category.

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          • #6
            The idea is good--acton bad. The first question out of the officer's mouth is "Why did you shoot him?" "Just 'cause." isn't an answer. With no immeditate threat in a non-violent crime & the suspect fleeing, it just isn't worth it.....

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            • #7
              Originally posted by Jambi88 View Post
              This is kind of an odd question...

              Let's say someone breaks my car window in hopes of stealing something. If I catch them in the act on my property, I can not shoot them here in IL based on just theft.

              I load my home defense shotgun with one less lethal shell [first], followed by three 00 buck shells. Can I still pop them with the less lethal I.E. bean bag, rubber balls, etc. while they run away? I would hate to be in this position but if they pose no threat and attempt to run I would at least like the satisfaction of popping them with a bean bag. Is this legal?

              I'm not sure if legality really matters here as far as being sued by a criminal which is not likely anyway, but is this considered discharge of a firearm? Would most officers file charges if they respond to shots fired or a burglary, given the circumstances?

              Thanks.
              Remember the term is 'less than lethal', not 'non lethal'

              You would be going to prison for shooting someone that is only committing a property crime, at least here in CA......you would also lose your house, car, and any future income that you might have in the civil suit.

              Why do you even have this type of ammo?
              The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

              "Politicians are like diapers. They need to be changed often and for the same reason"

              "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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              • #8
                Hope you've read all the previous replies. They apply pretty well to Alabama as well, and we're a pretty much a pro-gun state.

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                • #9
                  And as your neighbor to the west, all of the above reasons are valid as to why will should NOT attempt this.

                  Read LA DEP's response carefully about "less lethal" and "Non Lethal" Those rounds can kill.
                  My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                  • #10
                    More on point, why have a "less lethal" round up the spout if you cannot accurately predict the circumstances when you will need it? Police agencies (usually) only deploy 'less lethal' after officers are ready with lethal force, in case it fails. Now you have a violent criminal in your house, charging you, and all you have to stop him is a 'less lethal' round.
                    You do not get to pick the setting of a crime (unless you are the criminal), and it is what it is. I would never start with a 'less lethal' round, although I might have one handy so I could select load it.

                    In short, OO buck is the way to go. And shoot only if a person is in immediate danger of death or serious bodily harm.
                    "A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
                    John Stuart Mill

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                    • #11
                      There's always various critter urine, available for purchase in your Cabela's, Bass Pro Shop, or Gander Mountain catalogs.

                      You have the plausible deniabilty of, "What, officer? Surely he's got to be kidding. He didn't see that there was a skunk next to the car when he broke the window...he must have frightened that poor creature!"
                      "You're never fully dressed without a smile."

                      Pain is inevitable, suffering is optional.

                      Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

                      Comment

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