How would you handle it?

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  • JeeperCreeper

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    http://www.wbrz.com/news/lsu-lakes-resident-threatens-to-shoot-burglars

    I'm kind of curious how this would play out if he gets robbed again and he did happen to shoot the perp with no apparent threat on his life... Seems like he would be charged with premeditated murder with the sign in his yard. One FB commenter said "a for sale sign would make more sense", but I disagree with that. I personally think the law should be in favor of him being able to protect his property, but I know it states he can only protect his life.
     

    DAVE_M

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    Alarm systems are cheap, even cheaper if you don't pay for the monitoring service.

    The first time he was burglarized, it was while they were home. An alarm would have alerted them to the potential threat.
     

    JeeperCreeper

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    I think an alarm is pointless without the monitoring service. They may trip it and see if the neighbors check, or the cops show up... I think Rottweilers would be a better option than that.
     

    DAVE_M

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    I think an alarm is pointless without the monitoring service. They may trip it and see if the neighbors check, or the cops show up... I think Rottweilers would be a better option than that.

    The first burglary was at 10:30pm while they were home.

    In my case, the alarm would have awoken me and I would have grabbed my beside gun to go play operator in my underwear.
     

    JeeperCreeper

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    The first burglary was at 10:30pm while they were home.

    In my case, the alarm would have awoken me and I would have grabbed my beside gun to go play operator in my underwear.

    Yeah, but I still think the laws are too gray on a justifiable shooting, EVEN IN YOUR OWN HOME... If you shoot them in the back, you're ****ed.
     

    JCcypress

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    If you read the statute, it states that there is a legal presumption in favor of a person who kills another person that is unlawfully inside their home, that the killing is justified. That means the burden is shifted to the State to prove that it wasn't justified. This is all assuming that the District Attorney even prosecutes the case. For your average, law-abiding citizen, the chances of getting that far are extremely remote.
     

    JeeperCreeper

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    What are you basing that on? Louisiana has one of the most generous Justifiable Homicide laws in the nation. https://www.legis.la.gov/Legis/Law.aspx?d=78338

    If they're retreating/exiting, and you shoot them in the back, I'm of the understanding that's a no no.

    I was told in my CCW class that you had no right to shoot to protect a vehicle. If a vehicle was being broken into, I don't think you can sneak up and pop them. You have to make your presence known, and give them a chance to leave is my understanding.

    "C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.
    D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry."

    This is why I'm asking to see if my perception of the law is wrong?

    So if someone is rummaging through my truck at night, I'm well within the law to walk out and shoot him? Not stating my presence?
     

    JeeperCreeper

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    I asked him what he was basing his statement on, then provided him with the law. I'm trying to educate, and help people.

    If someone is trying to break into my house (unarmed with no apparent threat to life), I don't have to try and scare them off, I can just shoot?
     
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    JCcypress

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    If they're retreating/exiting, and you shoot them in the back, I'm of the understanding that's a no no.

    I was told in my CCW class that you had no right to shoot to protect a vehicle. If a vehicle was being broken into, I don't think you can sneak up and pop them. You have to make your presence known, and give them a chance to leave is my understanding.

    "C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.
    D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry."

    This is why I'm asking to see if my perception of the law is wrong?

    So if someone is rummaging through my truck at night, I'm well within the law to walk out and shoot him? Not stating my presence?


    You are correct, in that you can't just shoot someone who is rummaging through your car unless of course, you are in the vehicle. If someone has broken into your place, and they are now running down the street, then you can't shoot them.

    If someone has unlawfully entered, or is in the process of unlawfully entering your home or vehicle, and you are present in the home or vehicle, then the law presumes that you are justified in using deadly force against that person.
     

    JCcypress

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    If someone is trying to break into my house (unarmed with no apparent threat to life), I don't have to try and scare them off, I can just shoot?

    The law doesn't say anything about "apparent threat to life" or trying to scare someone off. The presumption that is created in the shooter's favor is rebuttable, but under the normal circumstances that I think we are all talking about (bad guy in your home while you are present), it is unlikely that the State would be able to overcome that burden.
     

    JeeperCreeper

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    You are correct, in that you can't just shoot someone who is rummaging through your car unless of course, you are in the vehicle. If someone has broken into your place, and they are now running down the street, then you can't shoot them.

    If someone has unlawfully entered, or is in the process of unlawfully entering your home or vehicle, and you are present in the home or vehicle, then the law presumes that you are justified in using deadly force against that person.

    OK, vehicle only comes into play if you are in it... Thanks, for clearing that up.

    Someone in the house, I wake up and grab a pistol and flashlight, they see me and are making their way to the point of entry to try and get back out?

    Forensics will have a good idea how things played out.
     
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    JCcypress

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    Jeeper, I think that the "threat" you were referring to is the reasonable belief that one may be in danger of losing their life (Paragraph A(1)). Up to this point, I've just been talking about Paragraph B of the statute, which is Louisiana's version of the "castle doctrine."
     

    JCcypress

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    OK, vehicle only comes into play if you are in it... Thanks, for clearing that up.

    Someone in the house, I wake up and grab a pistol and flashlight, they see me and are making their way to the point of entry to try and get back out?

    Forensics will have a good idea how things played out.

    Look, if the bad guy is running back toward the door he came in through, you are going to have to make the decision of whether the use of deadly force is reasonably necessary. It will be presumed that it was, and the State will have to prove otherwise. Again, that is assuming the DA decides to prosecute.

    I don't know how many DA's out there are going to prosecute Joe Homeowner for shooting Johnny Rapsheet while he's breaking into his house. That's not legal advice, just an observation.

    - - - Updated - - -

    I was genuinely asking if that's how you interpreted it. I appreciate you taking the time to explain things further.

    Right on.
     
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