I can’t believe I’m even responding to this but I will. You have to be in fear for yourself or others to put it simply. You can not shoot someone for forcing entry into an unoccupied vehicle and using that for the only reason. All I’m going to say. Sent from my iPhone using Tapatalk Pro
I can’t believe I’m even responding to this but I will. You have to be in fear for yourself or others to put it simply. You can not shoot someone for forcing entry into an unoccupied vehicle and using that for the only reason. All I’m going to say.
Sent from my iPhone using Tapatalk Pro
Well isn't it the same as that recent case when that Female cop in texas shot that guy who was in her apartment, but then it turned out she accidentally was in HIS appartment, and she just shot him for being there! And she got away with it! She just THOUGHT he was simply existing unlawfully on her property. I think you can shoot intruders man, regardless of whether or not they are actually physically attacking you, and since your car is also your property, and is parked on your property, I think the same applies to someone trying to pry open your car door. I think the same goes for if someone breaks into your house, if someone kicks in your door, you can just start shooting, as long as they don't yell "POLICE" just start shooting man. Now if they are just walking across your lawn you can't shoot them, they aren't trying to committing a felony or breaking into anything.
http://www.legis.la.gov/Legis/Law.aspx?d=78338
RS 14:20 4(a)
A homicide is justifiable : (4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
Yes, unless I can't read you can absolutely shoot someone breaking into your car at night, and they won't leave otherwise.
Well, not exactly, not unless they changed her sentence of 10 years, which will prolly burn down to 4-5 years? Idk, if she’s 31 now, lemme do the math here... yeah, no. Not the rest of her life. Not unless a shot caller says so.I mean this in the nicest way possible, but everything you are saying is factually incorrect.
The now ex-cop (her name is Amber) was convicted of /Murder/ for the situation that you described above. She will spend the rest of her life in prison because of a lapse in judgement that yielded in a very bad mistake.
In Louisiana, deadly force CANNOT be used solely to protect property. If someone is breaking into a dwelling/structure/vehicle that YOU ARE PHYSICALLY in - or another person is physically in, deadily force can be used to protect the individual.
If someone is breaking into your car or shed, you cannot legally use a firearm to stop them. Again, deadily force cannot be used solely to protect property.
The law makes it clear. Morally it should be clear that property is not more valuable than a person's life, even if they are some ******* criminal.
Well, not exactly, not unless they changed her sentence of 10 years, which will prolly burn down to 4-5 years? Idk, if she’s 31 now, lemme do the math here... yeah, no. Not the rest of her life. Not unless a shot caller says so.
The rest I agree with. Kinda. You can indeed legally use a firearm to stop a crime on your property. Holding them at gunpoint is a good use of a firearm. And if they attack you while you have them at gunpoint, I’m pretty sure you can defend yourself. But you are likely to face charges if you just walk out the house and blast somebody for breaking in your shed or truck or whatever..
My how times have changed.
Castle doctirine, you are allowed to use lethal force to prevent a forcible felony, no? Am I getting that wrong?
Legal or not I’m not gonna hot someone just for burgling my truck. I’m gonna stop them but they are going to have to make me shoot them.
Some people think it's okay to shoot someone for doing wrong to them, regardless of the legality, because they can't think of anything beyond "it's my stuff."
Well Hell Dave,I figured the criminal should have figured before hand he was running a chance too catch one or two...or three
I'm suppose you're lumped into the aforementioned category.
Let me offer what I think I would do.
If I am heading outside for a noise in the night, I am armed. Hell, I don't even answer the doorbell or a knock at the front door without my pistol in my hand behind my back. If I happen upon a person physically breaking into my vehicle, I will aim my weapon at the burglar and yell very loudly and clearly, and directly at him; "Get your hands up and step away from the vehicle!" If he tells me to get screwed, I will announce again; "Step away from the vehicle or I will shoot you!" If the thief threatens me with a weapon, I feel that I have the Right to defend myself at that point. If he doesn't threaten me with a weapon, and if my threat to him doesn't work, I am going inside, holstering my pistol, and brandishing a blunt object. I will then proceed to crack him in the knee or elbow with enough force to break him in pieces. If he fights back, he gets it in the head! If he continues, I am going for the pistol.
See, this is the dilemma. The law clearly states that you do not have to surrender your private property to any would be thief, but if you shoot them for theft, you will more than likely face charges. So, I would rather face an aggravated assault charge than a murder charge. But NO ONE is stealing my stuff right in front of me!
But that is what I believe would be my recourse.
Next!?!
If you are IN YOUR CAR and they are breaking into your car, deadily force is a permissive option.
If you are IN YOUR HOUSE and they are breaking into your house, deadily force is a permissive option.
It makes it very clear in the above section of the Justifiable homiside law, which you quoted a segment of, that you must be LAWFULLY INSIDE the structure.
If you are in structure, dwelling, or vehicle A and someone is breaking into structure, dwelling, or vehicle B (which you are not in), it would not be considered justfiable homicide.
Call the cops then call your insurance company after the fact. Oh, and don't keep valuables in a vehicle. Vehicles aren't safes.