Xbox 360 Defense

[siayn]

Sorry, could not resist the bad pun. So what is the Krav defense against someone trying to steal your Xbox360 at midnight?

Here in town there was one fight outside an EB Games store my friend was at. Police had to be called to stop the uber-nerds from slapping each other to death…or at least a mild unconscious state…

In other news, rioting at a WalMart

http://www.breitbart.com/news/2005/11/23/D8E2CTCO5.html

There was also a store held at gunpoint with two Xbox360’s taken, but I assumed that would just be the standard Krav disarm….

Happy freakin holidays…tis the season!

[clfmak]

Two weeks ago (on my freakin birthday) someone stole my stereo and a bunch of stuff out of my car (a couple hundred dollars worth of stuff). Afterwards, I wondered what I would do if I caught the person in the process. It would not have been pretty.
Anyway, I read a story of someone in an even nerdier assault. A Chinese guy was stabbed to death because he sold their nonexistent dragon sword.
http://www.smh.com.au/news/World/Online-gamer-killed-for-selling-virtual-weapon/2005/03/30/1111862440188.html

[jaeroo]

From a legal standpoint, there is nothing I can do if I catch someone stealing my belongings, unless my life is in danger. All I can do is get a description and report the incident. It also doesn’t hurt to have your valuables engraved. As far as stuff getting stolen out of the car, it either needs to be put away where it isn’t visible, such as a trunk, or it needs to go. I don’t even leave my registration in the golve compartment. It’s in my wallet instead. I also don’t carry no more than 4 CDS in my car and even they are not visibly left there. People fighting over X-Boxes? Whew!! What a world! I don’t know. But an X-Box or something else isn’t worth my life!

[siayn]

Quote \”From a legal standpoint, there is nothing I can do if I catch someone stealing my belongings, unless my life is in danger.\”

Well, that all depends on your location. If someone was trying to take your Xbox from you, while you were carrying it from the store, the law is on your side because it is self defense.

If someone was breaking into your car, and you came up on them in a parking lot, that is different.

If you are lucky enough to live in a state like Colorado, and all of this is happening on your own private property, then the rules completely change. If you see someone breaking into your car, and it is sitting in your driveway, you could open up your second story window and pop a few bullets in them – and the law is completely on your side even though you were in no real danger. Colorado has a law nicknamed the \”Make my day\” law. It basically states that if someone is doing something illegal on your property, and you did not invite them onto your property, you can pretty much do whatever you want to them and not be held responsible.

This law was written in response to all of the criminals who started suing when they slipped on the ice trying to steal your car, or were shot by a home-owner when breaking into your house. It’s a good law.

[anonymous]

Wow, kill a guy over a cyber sword? Pay 35,000$ for the rights to a virtual island? Nerds are weird…… 😕 😆

So, legally, if I walk down the street and a guy pulls something out of my hands (such as my XBox 🙄 😉 ) and I go after him trying to get it back, he slips and hits his head on the pavement, I’m suddenly the bad guy and can be sued? 🙁 That would suck.

[jaeroo]

Awesome law in Colorado! Didn’t realize it had that much leeway. Only state I heard with more relaxed laws regarding deadly force is Texas. Last I heard Florida is making it more flexible for those attacked outside their home to defend themselves.

[eddie-c]

Re:

quote \”Siayn\:

If you are lucky enough to live in a state like Colorado, and all of this is happening on your own private property, then the rules completely change. If you see someone breaking into your car, and it is sitting in your driveway, you could open up your second story window and pop a few bullets in them – and the law is completely on your side even though you were in no real danger. Colorado has a law nicknamed the \”Make my day\” law. It basically states that if someone is doing something illegal on your property, and you did not invite them onto your property, you can pretty much do whatever you want to them and not be held responsible.

This law was written in response to all of the criminals who started suing when they slipped on the ice trying to steal your car, or were shot by a home-owner when breaking into your house. It’s a good law.

Actually, that isn’t true. There does have to be a threat to you in order to invoke the make my day law. You can only do so if you are afraid of death or serious bodily injury to you or another. This is most often applied to a home, but, in reality, you have no \”duty yo retreat\” anywhere.

If you were to use deadly force to prevent a property crime and there was no threat to health or life, you would be arrested for some degree of murder, with a good possibility of first degree charges. Not trying to be a dick, but the above scenario is, in fact, inaccurate.

And yes I’m in Colorado, and yes, I’m in law enforcement.

[siayn]

Ah, good information to have. The law has been explained to me differently.

Since you are in law enforcement, let me ask a question then. (Not that I would do this) But if I heard someone trying to steal my car, and I went out the front door and shot him, is that different because could actually hurt me? What if I shouted at him from my second story window and he pulled a weapon, would I then be at risk enough to fire down on him?

I know I am splitting hairs, and ultimately all of this is moot because I would never knowingly charge a criminal unless someone I cared about was in danger. Just curious what your take is.

[siayn]

hehehe, and just to get back to the main topic:

http://www.local6.com/news/5401142/detail.html

[lemarteau]

quote :

This is most often applied to a home, but, in reality, you have no \”duty yo retreat\” anywhere

The Colorado \”Make My Day\” applies to \”dwellings\” only.

The \”Make My Day\” law allows you to kill someone in your house, if he broke in, and you think he’ll commit another crime, and if you think he’ll use ANY force against you. OUTSIDE of your home, you have to use an appropriate level of force considering what you are up against. INSIDE the home, the level of force you face does not matter. THAT is what makes the Make My Day law special in Colorado. Here’s the text (I capped the ‘dwelling’ parts)

———————-
18-1-704.5. Use of deadly physical force against an intruder.
…
(2) Notwithstanding the provisions of section 18-1-704, ANY
OCCUPANT OF A DWELLING is justified in using any degree of
physical force, including deadly physical force, against another
person when that other person has made an unlawful entry into the
dwelling, and when the occupant has a reasonable belief that such
other person has committed a crime IN THE DWELLING in addition to
the uninvited entry, or is committing or intends to commit a crime
against a person or property in addition to the uninvited entry,
and when the occupant reasonably believes that such other person
might use any physical force, no matter how slight, against any
occupant.
(3) Any OCCUPANT OF A DWELLING using physical force,
including deadly physical force, in accordance with the
provisions of subsection (2) of this section shall be immune from
criminal prosecution for the use of such force.
(4) Any OCCUPANT OF A DWELLING using physical force,
including deadly physical force, in accordance with the
provisions of subsection (2) of this section shall be immune from
any civil liability for injuries or death resulting from the use
of such force.

——————-

[eddie-c]

Correct, the Make my day law is specific to a home. What I am saying, however, is that an appropriate level of force is justified anywhere, if you feel that your life or the life of another is endangered. It has been upheld that no one has a \”duty to retreat\”, meaning, you do not have to run away to avoid a conflict if you are being threatened. You can defend yourself, as long as the level of force used is appropriate.

The Make my Day law is actually more of an affirmative defense to murder than anything else. You will still be arrested and charged, the trial will be where the determination of justification happens for the most part (although the DA’s office or, in the rarest of cases the police department, may decline charges).

Siayn- No, there is no difference. If you are inside of your home, protected for all intents, you are not endangered. If you begin firing rounds from your residence then that could constitute premeditation. If you ran out to confront them then the guidelines above count. But, in almost every instance, it is illegal to use lethal force to protect property (riots and nuclear missle silos notwithstanding).

[siayn]

Thanks for the clarification Eddie

[johnl-d11]

I got an xbox360 the night it came out.. The guy beside me said he was a super heavyweight boxer for 9 years, the other guy beside had a freakin gun!! 😯 And even after midnight, there were no problems, a 17 yr old kid walked from the front of the walmart clear to the back of the parking lot carrying his xbox by himself, I was just waiting for someone to jack his.

[clfmak]

I used to be quite the superheavyweight boxer on Ready 2 Rumble 😀

[kravmdjeff]

My cousin is Hwarang from Tekken 2

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