Michael Tierney of The Comic Book Store in Little Rock, Arkansas saw our article on a California retailer that shot a burglar (see 'Retailer Shoots, Kills Burglar') and sent us his comments:

COWBOY ALERT!

I've just read about the tragic, but legally justified, shooting of a burglar inside a California comic book store.  Before any retailer elsewhere in the country starts thinking that we have the carte blanche to play cowboy and shoot people, let me share some advice.

I'm fortunate to have had a large number of law enforcement officers shop with me over the years.  I've also had customers who have and do work for the state Attorney General's Office and the Arkansas Supreme Court.  I've taken advantage of this opportunity for free legal advice, and I want to share with you what they've told me that our rights are, as store owners, when caught in dangerous circumstances.  Keep in mind that I'm not an attorney, and that if you want real legal advice--you should consult an attorney in your state.

When at home or at your business, you are not required to retreat from danger.  If someone confronts you on public ground, it's your obligation to retreat if that opportunity exists.  But you don't have to retreat when standing on your own ground.  That, however, does not give you the right to kill or harm others unless it is necessary for the protection of yourself and others.

The key in the California shooting is that the burglar raised a tire iron in a threatening manner.  The storeowner did not need to wait to be struck by the weapon. In fact, he didn't even need to actually see a weapon.  If someone threatens your life, you may take them at their word and act without hesitation.  In fact, it's recommended that you promptly protect yourself.

Things would have been different if the storeowner had shot the burglar as he fled the store.  Even if they are running out of your door with a copy of Action Comics #1 in one hand and a copy of Detective Comics #27 in the other, you can't shoot them.  Then you would also have committed a crime.  You are only allowed to defend your life and the lives of others when threatened.

I'll give you an example that happened to me last year.  Locally some

Gang-Bangers (gang members) were recently paroled, and some moved into the apartments across from one of my stores.  They figured that my parking lot now belonged to them.  I confronted one person, and told him that all the cars needed to be moved off my lot.  When I turned and walked to go back inside my store, I heard loud cursing - getting closer with every word.  I turned to discover that the man, twice my size and half my age, was racing across the parking lot toward me - fists clenched and with one arm thrown back to strike.  I stopped and stood my ground - remember, you don't have to retreat while on your own property - and dailed 911 on my cordless phone.  The would-be attacker stopped, waving a fist in my face as I calmly explained to 911, 'I believe I'm about to be assaulted.'  The 911 operator could clearly hear over the phone the threats being shouted at me.  The gang-banger then decided to move his car.  All the cars were moved by the time the police arrived.  After the police had a long conversation with the group, I never had another problem.  They've since moved elsewhere.

The point in all this is that you have the right to defend yourself - and stand your ground - when on your own property (both owned and rental).  But... you don't have the right to wing 'em on the way out the door. Otherwise, a few months from now, there might be a new owner operating your store!

Inventory can be replaced.  In addition to closed circuit security systems and silent alarms, I do keep loaded handguns at both stores.  But I tell my employees that those weapons are only there for their protection--in case they are ever confronted by a psycho and feel that their lives are in danger.  If it's a matter of lost inventory or money, let them have it:  Neither is worth taking a life... or losing your own.