Executive summary: Usually a bad idea, often a very bad idea.
[This is a follow on to prior posts, THREATENING DEADLY FORCE : MUSINGS ON “BRANDISHING” AND “WARNING” SHOTS, and “CASTLE” DEFENSE: WHAT CAN–MAY–SHOULD–MUST YOU DO]
“Can/should I hold someone at gunpoint?” A common question when the topic of guns and defensive use of deadly force is discussed. The questioner’s “gunpoint” hypothetical usually poses a home invasion, robbery attempt of the questioner, or “in progress” interdiction of someone committing a property crime, or a violent crime against the questioner or another person. The question is another one to which I respond with my smart aleck lawyer’s answer: “I don’t know, can/should you?” It lends itself to analysis similar to what I discussed in prior MSW posts on the use of deadly force — my paradigm:
CAN / MAY / SHOULD / MUST
For the purpose of this post, holding someone “at gunpoint” is not necessarily muzzling the threatened person(s), openly holding an exposed firearm in any specific “ready” position, or a mode of “display” permitted or prohibited by a state “brandishing” statute. I use the phrase here to mean the display of a firearm coupled with the express or implied threat that a failure to obey commands will result in the use of deadly force, that is, the gunpointer WILL shoot. (If unprivileged, usually considered a serious felony, such as an armed assault or assault with/by deadly weapon). Consider the following for your analysis of the SHOULD element of the paradigm. Continue reading →