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If someone tries to get into your car, can you hold them at gunpoint?

Posted on 3/18/14 at 8:48 pm
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26585 posts
Posted on 3/18/14 at 8:48 pm
Say this is in Louisiana, and at the time you have reasonable suspicion to believe the person is getting into your car to steal it. Can you point a gun at them to make them leave or do you have to just yell and call the police about a hijacking?

Two scenarios:

1. The car is parked and nobody is inside.
2. The car is stopped and you are inside.
This post was edited on 3/18/14 at 8:50 pm
Posted by LCA131
Home of the Fake Sig lines
Member since Feb 2008
72615 posts
Posted on 3/18/14 at 8:50 pm to
If your car is in your home then you can shoot them.
The more likely scenario in La. is if you live in your car..you can shoot them.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 3/18/14 at 8:51 pm to
quote:

have reasonable suspicion to believe the person is getting into your car to steal it


well are they actually in or just near it?
Posted by Brosef Stalin
Member since Dec 2011
39267 posts
Posted on 3/18/14 at 8:51 pm to
Why not just beat the shite out of them instead?
Posted by UGATiger26
Jacksonville, FL
Member since Dec 2009
9049 posts
Posted on 3/18/14 at 8:52 pm to
I'm no lawyer but I think some states treat your vehicle as a part of your home, so to speak...or something like that.

In the big picture sense, yes go for it. What are they going to do? Go to the police and tell them that they got a gun pulled on them while they were trying to steal a car?
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 3/18/14 at 8:52 pm to
quote:

1. The car is parked and nobody is inside.


You can't do anything with a gun.

quote:

2. The car is stopped and you are inside.


This one is tricky
Posted by Rekrul
Member since Feb 2007
7966 posts
Posted on 3/18/14 at 8:52 pm to
In Louisiana your car is an extension of your home and you can shoot someone that's breaking into it I'm pretty sure. There's also a "carjacker" law, if someone is trying to carjack you then shoot them if that's what you feel you need to do.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 3/18/14 at 8:53 pm to
my opinion is that if they enter your car and you have a firearm you are in a position to pull that firearm. you would then need to order them out and give them the ability to leave the situation.

if in this process they do something you consider a threat to your life that you feel you can back up in court, you MAY be in a position to fire your weapon.
Posted by willthezombie
the graveyard
Member since Dec 2013
1546 posts
Posted on 3/18/14 at 8:54 pm to
shoot first ask questions later
Posted by Mike da Tigah
Bravo Romeo Lima Alpha
Member since Feb 2005
58953 posts
Posted on 3/18/14 at 9:00 pm to
This isn't foreign policy. It's my car and we aren't in negotiations for my life. You're going away, and I mean like, no, not like on vacation, but you're going away, like really going away. Like this morning you were here and this evening you're not. That kind of going away.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 3/18/14 at 9:03 pm to
i really do not understand some of these posts. You can NOT use deadly force on someone if there is no threat to your life
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/18/14 at 9:12 pm to
If someone is trying to steal my car without me being in it they. An have it. Im not about to risk losing my life or having to worry about spending the rest if in jail if I shoot and kill someone. That's what I have insurance for.

Now if I'm in it and I get car jacked at gun point, if I can grab my gun fast enough someone is gonna die.
Posted by GeauxColonels
Tottenham Fan | LSU Fan
Member since Oct 2009
25604 posts
Posted on 3/18/14 at 9:13 pm to
Depends on the color



































of the car.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 3/18/14 at 9:29 pm to
I think you can shoot their arse in scenario two.

§20. Justifiable homicide
A. A homicide is justifiable:
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle 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 premises or motor vehicle, if both of the following occur:
(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 3/18/14 at 9:32 pm to
No
Yes
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
33208 posts
Posted on 3/18/14 at 9:32 pm to
I'm in Texas so it's pro ably a little different. I do believe you car is considered an extension to.your home.

Regardless,if an unknown person gets into to my car forcefully (uninvited), I can only assume be means me harm and will protect myself.
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13923 posts
Posted on 3/18/14 at 9:36 pm to
quote:

Can you point a gun at them to make them leave

quote:

1. The car is parked and nobody is inside.

You can detain someone as far as I know.. don't shoot though. You can NOT use deadly force to protect property in Louisiana
quote:

2. The car is stopped and you are inside.

Not only can you point the gun at them, you can shoot them.
Posted by BestBanker
Member since Nov 2011
17490 posts
Posted on 3/18/14 at 10:39 pm to
Powder residue allowed.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 3/18/14 at 10:39 pm to
I pity the fool that attempts to burglarize an OTers car while in their presence.

You'd have better luck trying to lift an Uzi off an Israeli commando.
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 3/19/14 at 1:13 am to
(no message)
This post was edited on 3/19/14 at 1:15 am
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