Question about LA law..

[ed7232004]

Hi everybody I m new to this forum and new to louisanna.I have a question about the law over here in la.
Hope I ll get an answer to this.
Is it legal to draw a gun and not shoot the person??for example:if some some break in to my house and I just point the gun at him not shoot him and wait till the police to come.is it legal like that? Or once u draw u ll have to shoot no matter what?thanks guys

 

[ryan]

Hi everybody I m new to this forum and new to louisanna.I have a question about the law over here in la.
Hope I ll get an answer to this.
Is it legal to draw a gun and not shoot the person??for example:if some some break in to my house and I just point the gun at him not shoot him and wait till the police to come.is it legal like that? Or once u draw u ll have to shoot no matter what?thanks guys

Is that question for real? No, you do not have to shoot once you draw. If you feel your life is in immediate and imminent danger, then draw your weapon, command a stop if allowed and go from there.

 

[Summit_Ace]

If in your house and person entered unlawfully,yes it is legal.

It is a good day when nobody gets shot

 

[penguin]

It was a good show in its day, but I think there are better shows in that genre.

 

[posse comatosis]

In Texas, you can brandish when done in self defense. I don't believe LA has a similar provision. But if you run a perp off without actually shooting, that's a good thing, and he's not likely to file charges against you.

 

[Storm52]

In Texas, you can brandish when done in self defense. I don't believe LA has a similar provision. But if you run a perp off without actually shooting, that's a good thing, and he's not likely to file charges his surviving family isn't likely to file suit against you.

fixit for ya

 

[ed7232004]

Well u know I jut wanted to be safe don't want to cause any problems . Why about if u were in the public and a guy try to rob u ? Can u tell him that u have a gun on u and draw it point at him in front of public? What are the chances for u to get in troubles since everybody see u pointing a gun to another person? By then should I call the police and let them know or I should just leave asap??thank again

 

[charliepapa]

As long as you don't announce. Just let the pointed weapon do the talking; don't say "I'll shoot you!" or "I'll kill you!". That's aggravated assault. If you point the weapon in their direction and say for instance, "Hey, I'd like to have a word with you." The previous two example statements are usually more or less assumed by the receiving party.

 

[ed7232004]

So what should I really do in front of public when the guy keep trying to come closer to me or being more aggressive ?will it be legal to draw and point at him not to come any closer? Can I point and tell him stay
where u are and wait for the police to settle down?

 

[posse comatosis]

fixit for ya

 

[buddy_fuentes]

Read West's Criminal Code of Procedure, before giving advise. You may learn something and give the correct answer.

 

[geauxshootin]

As long as you don't announce. Just let the pointed weapon do the talking; don't say "I'll shoot you!" or "I'll kill you!". That's aggravated assault. If you point the weapon in their direction and say for instance, "Hey, I'd like to have a word with you." The previous two example statements are usually more or less assumed by the receiving party.

WOW!! So I guess the jury opinion does not matter?

 

[Nolacopusmc]

As long as you don't announce. Just let the pointed weapon do the talking; don't say "I'll shoot you!" or "I'll kill you!". That's aggravated assault. If you point the weapon in their direction and say for instance, "Hey, I'd like to have a word with you." The previous two example statements are usually more or less assumed by the receiving party.

Wow. Just wow.


You need to take a quality Concealed Carry class by someone who knows the law. There are several instructors on this board. Feel free to check out my website for class dates.


To answer your question. You do not draw a gun as a threat. You only draw it in situations where you would be legally and morally justified in using it. However, if the situation allows, and you give a loud authoritative verbal command like "Stop, I have a gun. Stop or I'll shoot" and he does stop, then you call 911 and hold him until the police get there. Or, if you draw it with the intent to stop the threat, and he just gives up and runs away, still stay at the scene and call 911. Him running away is much better than you shooting him on any day.

There is a lot more to your question than can be answered here, hence you should get training from a competent instructor.

 

[Morgan Allison]

There is a lot more to your question than can be answered here, hence you should get training from a competent instructor.

+1

Get training if you are going to carry. ASAP.

 

[posse comatosis]

call 911 and hold him until the police get there

Is there a right to detain an individual without first making a citizens arrest?

 

[ed7232004]

Wow. Just wow.


You need to take a quality Concealed Carry class by someone who knows the law. There are several instructors on this board. Feel free to check out my website for class dates.


To answer your question. You do not draw a gun as a threat. You only draw it in situations where you would be legally and morally justified in using it. However, if the situation allows, and you give a loud authoritative verbal command like "Stop, I have a gun. Stop or I'll shoot" and he does stop, then you call 911 and hold him until the police get there. Or, if you draw it with the intent to stop the threat, and he just gives up and runs away, still stay at the scene and call 911. Him running away is much better than you shooting him on any day.

There is a lot more to your question than can be answered here, hence you should get training from a
competent instructor.

Well if u say it out loud in public.won't u scare all the people around u?and they might think that u are the bad guy ..

 

[geauxshootin]

There is a lot more to your question than can be answered here, hence you should get training from a competent instructor.

+++100
I could not believe the jacked up advise I was reading!

 

[ryan]

Well if u say it out loud in public.won't u scare all the people around u?and they might think that u are the bad guy ..

If I were you, I would find the nearest good ccw instructor and take a one or two day class, it will be money well spent.

 

[40caloldtimer]

buddy if your gun leaves the leather (only in life or death situations) you better shoot it and hope you are a good shot!

 

[Nolacopusmc]

buddy if your gun leaves the leather (only in life or death situations) you better shoot it and hope you are a good shot!

are you serious?

so if he surrenders, just shoot him right?