How did you guys miss HB424?

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  • MTregre

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    Jan 11, 2013
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    I'm no Legal Rep, but that's not how I read it. Ill be here to read additional replies.

    My opinion is that there is no way they will remove "fear of life/great harm". Its the basis of self defense in LA and this would be too large a change. I could be 150% wrong however.
     

    CCW

    CCW
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    May 19, 2008
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    I'm no Legal Rep, but that's not how I read it. Ill be here to read additional replies.

    My opinion is that there is no way they will remove "fear of life/great harm". Its the basis of self defense in LA and this would be too large a change. I could be 150% wrong however.

    I am not an attorney. Dan is correct. It would return the law to essentially where we were prior to stand your ground. You had a duty to retreat if you could prior to using deadly force.
     

    nolaboy

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    Mar 7, 2015
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    New Orleans Lousiana
    I'm no Legal Rep, but that's not how I read it. Ill be here to read additional replies.

    My opinion is that there is no way they will remove "fear of life/great harm". Its the basis of self defense in LA and this would be too large a change. I could be 150% wrong however.
    Yes it would seem that it ads a duty to retreat before self defense can be used as a legal defense, unless it is a case of domestic violence. Im no atty, but the summary kind of says what the new law will do.

    In all other cases, proposed law amends present law (R.S. 14:21) to prohibit any person who
    perpetuates the conflict or who escalates the level of force used in the conflict from claiming
    the right of self-defense unless he, prior to the use of force or violence in defense that is the
    basis of the offense for which he is being prosecuted, withdraws from the conflict in good
    faith and in such a manner that his adversary knows or should know that he desires to
    withdraw and discontinue the conflict.

    Sent from my SM-N920P using Tapatalk
     

    Emperor

    Seriously Misunderstood!
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    It creates a duty to retreat. Does away with stand your ground in the case where the victim has a gun and the perpetrator does not. If you escalate the force level of the encounter, you cannot claim self defense.

    http://www.legis.la.gov/legis/ViewDocument.aspx?d=1030707

    No disrespect to you Dan, but I never got an alert from NRA, LSA, or any other gun organization about this particular Bill. That seems to be one of the least things these orgs could do for those that have a lot going on in everyday life.

    The cynic in me wants to believe that this is another Bill that is dead in the backrooms before it gets going, and thus; those in the know (or on the inside), already know the outcome. But that's me.
     

    pangris1

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    Jan 13, 2010
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    Emperor, I wholeheartedly encourage you join/run for the LSA board - we need a LOT more manpower under this administration.

    Do not assume this is DOA due to the current make up of the committee. We could use you in the meeting tomorrow AM as well as anyone else who can present themselves in a polite, well spoken, presentable manner.
     
    Last edited:

    dzelenka

    D.R. 1827; HM; P100x3
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    Mar 2, 2008
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    No disrespect to you Dan, but I never got an alert from NRA, LSA, or any other gun organization about this particular Bill. That seems to be one of the least things these orgs could do for those that have a lot going on in everyday life.

    The cynic in me wants to believe that this is another Bill that is dead in the backrooms before it gets going, and thus; those in the know (or on the inside), already know the outcome. But that's me.

    Neither did I. We have a new NRA rep and coordination has been less than ideal.
     

    Emperor

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    Emperor, I wholeheartedly encourage you join/run for the LSA board - we need a LOT more manpower under this administration.

    Do no assume this is DOA due to the current make up of the committee. We could use you in the meeting tomorrow AM as well as anyone else who can present themselves in a polite, well spoken, presentable manner.

    PM Inbound.
     

    Emperor

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    Neither did I. We have a new NRA rep and coordination has been less than ideal.

    Then we will consider it an oversight, and move on. Tell him I wish him luck! I hope things get smoothed out quickly!
     

    Kraut

    LEO
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    Oct 3, 2007
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    Slidell, LA
    This should be two separate issues: changes related to domestic violence offenses, and changes related to stand/retreat. This was probably lumped together in hopes of getting the second part through by touting the benefits of "doing something" for domestic violence victims.
     

    nolaboy

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    Mar 7, 2015
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    New Orleans Lousiana
    This should be two separate issues: changes related to domestic violence offenses, and changes related to stand/retreat. This was probably lumped together in hopes of getting the second part through by touting the benefits of "doing something" for domestic violence victims.
    Could be wrong, but I thought it retained present law for DV. It only adds a duty to try and retreat before force can be escalated in any other circumstance.

    Sent from my SM-N920P using Tapatalk
     

    jlee

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    5   0   0
    Nov 29, 2016
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    6
    Baton Rouge, LA
    It's not just if the victim has a gun and the perpetrator does not. It's if the victim has a means of escalating the level of force. That could be a taser, baseball bat, stick, knife, or shoe.

    With this bill, it means nothing that the perpetrator might be a 6 foot, 220 pound running back and the victim is a 5 foot, 120 pound cheerleader who can't even fathom turning her back and running out of fear that she'll be raped and beaten by a faster, more powerful force. The exception requiring the initiator to withdraw first is limited to domestic abuse. If there is no relationship, it's not domestic abuse. Thus, if the victim uses a taser to subdue the perpetrator (as a means to flee with less fear) and the perpetrator dies as a result, the victim would be unable to claim self-defense.

    This bill is certainly poorly written and does nothing to help domestic abuse victims. A domestic abuser could execute a brief, but brutal attack and quickly withdraw multiple times and the victim isn't allowed to stand their ground and fight? That's nonsense.

    The summary reads:

    In all other cases, proposed law amends present law (R.S. 14:21) to prohibit any person whoperpetuates the conflict or who escalates the level of force used in the conflict from claimingthe right of self-defense unless he, prior to the use of force or violence in defense that is thebasis of the offense for which he is being prosecuted, withdraws from the conflict in goodfaith and in such a manner that his adversary knows or should know that he desires towithdraw and discontinue the conflict.

    This serves to allow the initial aggressor to gain the upper hand by forcing the victim to retreat from a deadly situation if there is even the slightest chance of escape. So the agressor can acquire a means to escalate the level of force before you can fully retreat? No thanks.
     

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