In what state is it legal for a fisherman to shoot a lobster poacher that is pulling up the fishmans pod?
25.May, 2009
Is it true , that a fisherman can shoot somebody that he catches pulling up his lobster pod. This is stealing, and was told a fishman could shoot somebody that steals from him.
no, you can’t. it would fall under the use of excessive force. you can’t just pull a gun on someone unless they are threatening you with overt physical harm at that moment. all the states have updated laws in this regard and that whole frontier vengeance thing is illegal now.
25.May, 2009 um 2:48 pm
no, you can’t. it would fall under the use of excessive force. you can’t just pull a gun on someone unless they are threatening you with overt physical harm at that moment. all the states have updated laws in this regard and that whole frontier vengeance thing is illegal now.
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25.May, 2009 um 3:12 pm
What! Are you crazy. Of course you can’t shoot someone for taking a lobster. What were u thinking??
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25.May, 2009 um 3:37 pm
No shooting someone is quite illegal in all states unless you have proof that your life was in true jeopardy.
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25.May, 2009 um 3:44 pm
not legal in any state unless the poacher is pointing a gun at you. As everyone has mentioned lethal force is only allowed if there’s is reasonable evidence of grave physical threat and in addition many states require you to give a warning and attempt to flee, except for CA and MA where you are not only expected to assist the poacher in robbing you but possibly assist them in killing you. some states do allow you to use necessary force to detain them if you place them under citizens arrest (here in NV a citizen has the same arrest power as an LEO, but that varies by state and you’d better be right and be able to prove it because if your wrong you will be subject to unlawful detainment and kidnapping charges).
the only exceptions (once again depending on state) are if someone is in your house or your car (in NV there is no legal difference between the interior of your car and house) then the law assumes the intruder has intent to cause grave physical injury, unless the intruder happens to be an elderly alzheimer patient (or other harmless individual).
there really isn’t any open and shut case where lethal force is allowed, even for LEOs, hence the term administrative leave……
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25.May, 2009 um 4:29 pm
That would have to be the state of Insanity. Get real!
Unless a rational person is certain their life – or the lives of others nearby – is in imminent mortal danger and absolutely requires the use of deadly force, then NOBODY pulls the trigger.
Over a friggin’ lobster – NOT!
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Common sense.
25.May, 2009 um 4:36 pm
Nah, you can't shoot a thief these days except in very specific circumstances. If he's threatening you with deadly force, then certainly. Some states (not all) allow you to shoot a burglar at will if he's in your home, and I think there might still be a federal law on the books that allows you to shoot looters during a riot, martial law, or some other state of emergency. However, I would bet that the fisherman would be within his rights to draw a weapon on the poacher and place him under citizen's arrest if he doesn't immediately relinquish his property, and then (in either case) radio the coast guard.
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25.May, 2009 um 4:58 pm
there is only 1 state, that is legal to shoot someone for poaching your lobster traps & that is, the state of UTTER STUPIDITY.
If you do shoot someone, you can be charged with a crime, rangeing from assault to murder, depending on the outcome of the shooting
whoever told you that it was legal to shoot a poacher, was feeding you a line of crap
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25.May, 2009 um 5:03 pm
It is not legal in any state,my dad also used to say “hey they still hang people for stealing horses nowadays” these people are still living in the olden days.If anything get a camera and shoot them with that then report it to your local game warden and show them proof.
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ex police officer
25.May, 2009 um 5:17 pm
This is not FishSteelhead but his wife (he's on a fishing trip) and no there is not a state that permits it. However I can honestly speak for him and say that he wished there was such a law for poachers (lowlife's as he calls them) of any kind.
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