Is it legal to shoot someone with a pellet or BB gun if I catch them stealing my bicycle, which is locked up in a gated area of the apartment complex I live in?
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Is it legal to shoot someone with a pellet or BB gun if I catch them stealing my bicycle, which is locked up in a gated area of the apartment complex I live in?
Asked on June 30, 2015 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, is not, and if you do, you could be prosecuted for assault. You are not allowed to use physical force to protect property or avenge its theft; you may only use physical force to protect a person (e.g. yourself or family member). The correct response is to call the police and, if you have the chance, use your cell phone to take a picture or video to aid identification. (If you had the time to draw and use your BB gun, you have the time to take a photo.)
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