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To: Tarantulas
If he was within his rights to draw the weapon and point it at the attackers in the first instance, then he was certainly within his rights, having witnessed a breach of the peace or a felony, to affect a citizen's arrest.

His right to draw and point and to make a citizen's arrest were part and parcel of the same right under Arizona statute. This right was greatly enhanced by his second amendment right to carry.

I'm not too sure you understand either the second ammendent to the US Constitution or the Arizona statute that gives a person the right to make a citizen's arrest.

116 posted on 04/21/2005 9:03:03 PM PDT by delacoert (imperat animus corpori, et paretur statim: imperat animus sibi, et resistitur. -AUGUSTINI)
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To: delacoert
If he was within his rights to draw the weapon and point it at the attackers in the first instance, then he was certainly within his rights, having witnessed a breach of the peace or a felony, to affect a citizen's arrest.

I'm not a lawyer, but common sense dictates that this is correct.

The 911 call that was recorded with this incident was great. After telling the 911 operator about the situation, the soldier asked the operator if she wanted him to have the 7 that charged him stay in the vehicle or should be 'splay them on the ground'. I believe there was some silence after that - the operator was probably taken aback! What a man!
194 posted on 04/22/2005 1:55:48 PM PDT by Serenissima Venezia (Hoping to be a California Vigil Antie for the Minuteman Project)
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