How would you handle it?

[JeeperCreeper]

Ok, so focusing on B

"held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle"

LOL, you can kill them to make them leave? This is why I say it's a gray area for me.

They can be trying to gain entry, not inside - No warning given! Boom! dead! no charges?

 

[JeeperCreeper]

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.

I too appreciate the time, and I think this will help others as well.

 

[bigtattoo79]

JC, Thanks for taking the time to share some "thoughts" with us. Kinda reminds me of back in the day when we had many professionals on Bayou Shooter that would share helpful info.

 

[Expert684]

I guess rings of defense, so to speak of. Fence, game cameras, alarm for the house, and last self defense firearm if need be. It is kinda f**k up, that you are not safe in your own house. I have all of the above, one would think they would bail once the house alarm goes off, yea because at that point I have a Surefire light and a .357 Magnum. Won't be nice if they are still hanging around in the house.

 

[DAVE_M]

JC, Thanks for taking the time to share some "thoughts" with us. Kinda reminds me of back in the day when we had many professionals on Bayou Shooter that would share helpful info.

Those were the days...

I've been trying to weed out the herp derps we have here. I'd say we've become a lot better in the last month than in the past two years combined.

 

[general mills]

I would have grabbed my beside gun to go play operator in my underwear.

This underwear

 

[general mills]

Honestly it's time for this guy to get a big toothy German Shepherd or two.

 

[DAVE_M]

This underwear

Please... my gunfighting undies are Multicam.

 

[JCcypress]

Ok, so focusing on B

"held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle"

LOL, you can kill them to make them leave? This is why I say it's a gray area for me.

They can be trying to gain entry, not inside - No warning given! Boom! dead! no charges?

I proceed with caution in saying "it's o.k." at any certain point, or that no charges would be brought, but under the illustrated circumstances, the presumption that the use of deadly force was justified enures to the benefit of the shooter, and shifts the burden to the prosecutor to prove that it wasn't.

Bear in mind that this is only in reference to a criminal suit. Civil is different. Rodney Peairs shot Yoshi Hattori while he was in his driveway and (unbelievably) walked on the criminal charges, but got hammered in the civil suit.

 

[JCcypress]

Honestly it's time for this guy to get a big toothy German Shepherd or two.

I agree. And take down the stupid sign that advertises that he has something to steal inside his home.

 

[AustinBR]

Honestly it's time for this guy to get a big toothy German Shepherd or two.

Two big Shepherds, an alarm system, outside lighting, and maybe make his house a little more difficult to break into. Anyone that is dumb enough to break into a house with two big dogs is just stupid.

 

[Whitebread]

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.

I could have done without the mental imagery but enjoyed the laugh. Thanks

 

[Whitebread]

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?

In the dark things don't always look as clearly as in daylight, so if someone is moving rapidly through your home who has gain unauthorized entry and you are fearful for yours and others safety I think it would be difficult to prove you weren't. Back shot or sack shot I'm not sure it would matter. Not sure your truck example entirely fits your previous question.

 

[JeeperCreeper]

In the dark things don't always look as clearly as in daylight, so if someone is moving rapidly through your home who has gain unauthorized entry and you are fearful for yours and others safety I think it would be difficult to prove you weren't. Back shot or sack shot I'm not sure it would matter. Not sure your truck example entirely fits your previous question.

I agree, the truck scenario was not applicable to the discussion. I have a much better understanding of the laws involved here now. I hope I never have to make the choice of shooting someone in my house, but feel better knowing the state of LA automatically stands behind you.

 

[Whitebread]

Two big Shepherds, an alarm system, outside lighting, and maybe make his house a little more difficult to break into. Anyone that is dumb enough to break into a house with two big dogs is just stupid.

I second this; my labs have been the most expensive, highest maintenance, but probably most effective deterrents to home invasion I have every owned.

 

[general mills]

Anyone that is dumb enough to break into a house with two big dogs is just stupid.

Yep. If someone broke into my house, I'd have time to make some coffee and eggs before I called the police. It's just the longer I would wait, the more difficult the cleanup.