What happens if you shoot an intruder with a firearm?

**Heath Robinson** · 11-09-2024, 05:47

Originally Posted by Branden88

Yup difficult questions to get correct and legal answers for, yes common sense comes into play, but the SAPS lacks common sense and logic. As for the attempted highjacking scenario, or a scenario outside your premises in public, I believe it would be wise to leave the area because of retaliation by the accomplices or "community" and maybe drive a few km's away or to the nearest police station and then report it via phone call or in person.

If I may ask, why did your case end up going to trial?

Ah yes, I was thinking of the hijack taking place in my own driveway or a busy intersection on more major roads.

A third party claim against the road accident fund. The problem was that the person who caused the accident had a buddy in the police who may or may not have been sitting next to him at the time. They lied through their teeth to such an extent that they were apportioned all the blame, a situation I was told is relatively uncommon. For example they said they were driving at 80km/h, yet their truck ended up just 10m from my ruined car. Ironically my lawyers were Ronald Bobbroff's firm, himself later found to be completely untrustworthy...

**Twix** · 13-09-2024, 11:33

This is an interesting read on the topic and its applicable to our laws.

Documented by Sgt Stephen Clark from SAPS Westville.

**oafpatroll** · 13-09-2024, 11:57

Originally Posted by Twix

This is an interesting read on the topic and its applicable to our laws.

Documented by Sgt Stephen Clark from SAPS Westville.

A good friend of mine was murdered in an armed robbery. I arrived on scene within 30 minutes and there wasn't a SAPS member in sight. They began arriving within about 10 minutes and tramped all over the scene with no apparent concern for preserving evidence. They took all the firearms on the three dwelling property away with them leaving the extended family unarmed in an area where attacks of this sort were common. Only two of theirs had been fired in the attack and the only casualty was my friend. My level of trust in saps conduct in the event of me having to punch someone's ticket has been extremely low ever since.

**zguy** · 13-09-2024, 12:52

Originally Posted by Twix

This is an interesting read on the topic and its applicable to our laws.

Documented by Sgt Stephen Clark from SAPS Westville.

Good read, thank you

**MSW2** · 13-09-2024, 16:36

Originally Posted by oafpatroll

A good friend of mine was murdered in an armed robbery. I arrived on scene within 30 minutes and there wasn't a SAPS member in sight. They began arriving within about 10 minutes and tramped all over the scene with no apparent concern for preserving evidence. They took all the firearms on the three dwelling property away with them leaving the extended family unarmed in an area where attacks of this sort were common. Only two of theirs had been fired in the attack and the only casualty was my friend. My level of trust in saps conduct in the event of me having to punch someone's ticket has been extremely low ever since.

It depends on where you are and who responds unfortunately. And the on the investigating officer. Sometimes the Gump effect of stupid is as stupid does kicks in as in your description of events. Other times the situation/scene is handled in a professional manner.
Where I am I have some trust in some of the SAPS members but I can understand your distrust.

Just on a side note. It took nearly 2 and a half years for a friends gun to be back in his hands after he punched holes in multiple tickets. Not becauze of our local shop but because of the IO who ended up handling the case. I had two firearms on the scene which were not even looked at due to the local guys knowing what they are about.

**oafpatroll** · 13-09-2024, 17:11

Originally Posted by MSW2

It depends on where you are and who responds unfortunately. And the on the investigating officer. Sometimes the Gump effect of stupid is as stupid does kicks in as in your description of events. Other times the situation/scene is handled in a professional manner.
Where I am I have some trust in some of the SAPS members but I can understand your distrust.

Just on a side note. It took nearly 2 and a half years for a friends gun to be back in his hands after he punched holes in multiple tickets. Not becauze of our local shop but because of the IO who ended up handling the case. I had two firearms on the scene which were not even looked at due to the local guys knowing what they are about.

The gun my mate was shooting came back just short of two years later. I saw it go into the bag soaked in blood with the slide locked back on an empty mag. On its return it was still locked back and rusted so badly that I couldn't get it released nor get the empty mag out. Insults to injury was that no communication came out of SAPS on the case in that period.

**MSW2** · 13-09-2024, 19:19

Originally Posted by oafpatroll

The gun my mate was shooting came back just short of two years later. I saw it go into the bag soaked in blood with the slide locked back on an empty mag. On its return it was still locked back and rusted so badly that I couldn't get it released nor get the empty mag out. Insults to injury was that no communication came out of SAPS on the case in that period.

They feel no need to communicate or do their jobs. A firearm is sent for ballistics if it was used in a crime or suspected of being used. His gun probably just sat on a shelf in the 13 store, rusting.
With my friend I ended up involving myself on his behalf. Two months, many empty promises, and a complaint against the IO later things were sorted.