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Deadly force to protect property not legal in this state
Posted on 5/17/11 at 10:25 pm
Posted on 5/17/11 at 10:25 pm
Deadly force to protect property not legal in this state, you may only use deadly force to protect life. Just thought all the folks out in the spillway with guns ready to shoot any looters dead might wanna consider if its worth their time behind bars.
EDIT; If they break into your home and you're inside its my understand you may use lethal force then.
EDIT; If they break into your home and you're inside its my understand you may use lethal force then.
This post was edited on 5/17/11 at 10:29 pm
4
Posted on 5/17/11 at 10:27 pm to IndianRed
Just put a knife in their hand?
Posted on 5/17/11 at 10:27 pm to IndianRed
If they have to break into my home to steal said property, then you bet your sweet-arse I have the right to use deadly force.
Posted on 5/17/11 at 10:29 pm to RummelTiger
quote:
If they have to break into my home to steal said property, then you bet your sweet-arse I have the right to use deadly force.
I think there's a castle doctrine law here that would allow you to use deadly force if someone breaks INTO your house and you are inside. But if you see them stealing from your shed - or your neighbors house (and you know your neighbors aren't home so there's no threat to life) - or from your house while you're outside the house - you can't use it.
This post was edited on 5/17/11 at 10:30 pm
Posted on 5/17/11 at 10:30 pm to IndianRed
quote:
I think there's a castle doctrine law here that would allow you to use deadly force if someone breaks INTO your house. But if you see them stealing from your shed - or your neighbors house (and you know your neighbors aren't home so there's no threat to life) - or from your house while you're outside the house - you can't use it.
Yep. Basically you can't kill to protect stuff, but a home invasion is considered a deadly threat.
Posted on 5/17/11 at 10:33 pm to IndianRed
I'm pretty sure that I remember reading that we can shoot a thief no matter what. Are you sure about this law? Has it been changed recently?
'Cause if I was out there guarding my shite and I saw some frick trying to steal my stuff, then it would be real hard not to take a shot.
'Cause if I was out there guarding my shite and I saw some frick trying to steal my stuff, then it would be real hard not to take a shot.
Posted on 5/17/11 at 10:34 pm to RummelTiger
calm down, nobody wants your oversized belt buckle collection - put the gun away
Posted on 5/17/11 at 10:36 pm to Uncle Stu
quote:
calm down, nobody wants your oversized belt buckle collection - put the gun away
Well, it's one helluva collection...
Posted on 5/17/11 at 10:46 pm to RummelTiger
There is no castle doctrine, and you cannot shoot someone for breaking in and stealing your shite.
You can only shoot someone if you are in fear of your life, your life is in immediate danger, or someone else's.
You cannot shoot someone if they beat you, then turn around and leave. Because your life is then no longer in danger.
You can only shoot someone if you are in fear of your life, your life is in immediate danger, or someone else's.
You cannot shoot someone if they beat you, then turn around and leave. Because your life is then no longer in danger.
Posted on 5/17/11 at 11:05 pm to XxxSpooky1
I would never shoot to kill. lI'd just blow their knee caps off. All you need is a 22.
Posted on 5/17/11 at 11:16 pm to Bullfrog
Then you go to jail for attempted murder or if they bleed out like most people shot in the leg, murder. Still a lose lose for you.
Posted on 5/17/11 at 11:24 pm to XxxSpooky1
Too many lawyers who weren't there. It is very simple. If it ain't yours, don't mess with it. If you do mess with it, be prepared for consequences. Teach your children this and they make better choices.
Posted on 5/17/11 at 11:31 pm to Bullfrog
I'm not a lawyer, and I completely agree with the shooting someone in your house. Laws need to be changed to mimic Texas.
My shotgun is loaded with one in the chamber, just turn the safety off. I have a glock on each side of the bed, and a glock next to the couch.
My shotgun is loaded with one in the chamber, just turn the safety off. I have a glock on each side of the bed, and a glock next to the couch.
This post was edited on 5/18/11 at 12:16 am
Posted on 5/17/11 at 11:39 pm to XxxSpooky1
Property protection is the actual purpose of the police. If they can't stand in the gap, you have to be prepared. I hope you meant 1 in the chamber and 3-6 in the shotgun magazine. Criminals count on you being naive. Never doubt that.
Posted on 5/17/11 at 11:57 pm to Bullfrog
quote:
I would never shoot to kill. lI'd just blow their knee caps off. All you need is a 22.
worst idea ever. you put their arse down so you're the only person that can testify in court.
Posted on 5/18/11 at 12:20 am to SCUBABlake
In the middle of the spillway a man could be shot and never found. I would not want it on my conscience but others may be OK with it.
Posted on 5/18/11 at 4:00 am to Choirboy
Title 14 Section 20 defines "justifiable homicide." It reads (in part):
§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
(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.
(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), 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 premises or motor vehicle.
MAKE YOU OWN JUDGMENTS. MY ADVICE IS DO NOT SHOOT ANYBODY.
§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
(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.
(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), 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 premises or motor vehicle.
MAKE YOU OWN JUDGMENTS. MY ADVICE IS DO NOT SHOOT ANYBODY.
Posted on 5/18/11 at 7:33 am to IndianRed
Whats the difference between deadly and lethal force?
Posted on 5/18/11 at 7:51 am to XxxSpooky1
quote:
There is no castle doctrine, and you cannot shoot someone for breaking in and stealing your shite.
Yes you can. You can kill somebody if they are breaking into your house. You cannot kill them if they are trying to break into your car (unless you're in the car), driving off with your 4-wheeler, or stealing your weedeater from your shed.
quote:
You can only shoot someone if you are in fear of your life, your life is in immediate danger, or someone else's.
It's open season on anybody in, or attempting to enter, your house.
quote:
You cannot shoot someone if they beat you, then turn around and leave. Because your life is then no longer in danger.
This is true.
This post was edited on 5/18/11 at 7:54 am
Posted on 5/18/11 at 8:19 am to Tchefuncte Tiger
Folks:
There seems to be some mass confusion on this.
Do any of you remember Yoshir Hattori? The guy who shot him did not end up so well. He did manage to avoid going to jail, but he ended up with a $650,000 judgment over his head -- very little of which was covered by insurance -- and he stated at the end of the trial that he would never own a gun again.
[quote]LINK ]
Almost all of the "legal" advice on this thread is off the mark. Here is the only advice you need. Don't shoot anybody unless there is absolutely no other option in the world to keep you from getting killed. You are pretty much on safe ground there no matter what happens.
If you feel the need to polish up your gun because someone might steal your 4 wheeler, then maybe you ought to take the gun out only during hunting season. If you have an AR 15 for home defense, you might want to consider selling it for a twelve gauge pump, which would be a hell of a lot more useful in a home invasion and which is going to make you look a hell of a lot better if you actually end up using it for home defense.
Look, I own a mess of guns. But I also know the law, and I have seen the consequences of the "shoot the burglar" mentality. Settle down.
There seems to be some mass confusion on this.
Do any of you remember Yoshir Hattori? The guy who shot him did not end up so well. He did manage to avoid going to jail, but he ended up with a $650,000 judgment over his head -- very little of which was covered by insurance -- and he stated at the end of the trial that he would never own a gun again.
[quote]LINK ]
Almost all of the "legal" advice on this thread is off the mark. Here is the only advice you need. Don't shoot anybody unless there is absolutely no other option in the world to keep you from getting killed. You are pretty much on safe ground there no matter what happens.
If you feel the need to polish up your gun because someone might steal your 4 wheeler, then maybe you ought to take the gun out only during hunting season. If you have an AR 15 for home defense, you might want to consider selling it for a twelve gauge pump, which would be a hell of a lot more useful in a home invasion and which is going to make you look a hell of a lot better if you actually end up using it for home defense.
Look, I own a mess of guns. But I also know the law, and I have seen the consequences of the "shoot the burglar" mentality. Settle down.
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