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Old 10-07-2012, 11:12   #57
MDW Guns
Join Date: Oct 1999
Location: Maine USA
Posts: 5,170
Originally Posted by Bren View Post
Really? Is that the law in the state you live in, or do you just think it is?

In most states, like here in KY, this is a perfectly clear deadly force situation and would be easier to justify in court than having the guy break into your house and point a gun at you (aside from the fact that you wouldn't have to go to court here, because arresting or prosecuting you would be illegal). I'd be very surprised if there is a state that doesn't allow deadly force to prevent kidnapping.

I'm pretty sure no state limits deadly force to just "self defense."
Of course laws are different from state to state.
You can read at least Maine law here:
You need to read and scroll up to 108.A.2. where it comes to kidnapping.
The key points are:
1. Even if this started in a home, by the time anyone catches up with the kidnapper it would be most likely on public ground.
2. The Maine law at least requires a "reasonably" response.
What would be safer and more reasonably?
a) Shooting at the guy and endanger the child and other bystanders?
b) Using the shot gun to hit the kidnapper?
3. Once you hit (with the shotgun or you trip him) the kidnapper and he lets go of the child, the kidnapping is over.
Therefore you have no right to use deadly force.
4. At this point a non LE person has the right to citizen arrest.
However a non LE person can not use deadly force as a method of arrest in public.
If the guy runs after dropping the child, shooting him then could result in prosecution of the mother.

Now as a side note, this is the law.
There are many laws I personally don't like!
Glock Armorer - FFL/01/08/SOT
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