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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
26575 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
72591 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
39165 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
9044 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
7943 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 LCA131
Home of the Fake Sig lines
Member since Feb 2008
72591 posts
Posted on 3/18/14 at 8:53 pm to
quote:

2. The car is stopped and you are inside.




This one is tricky


Really not that hard...just use the brakes...What is tricky about that?
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 fr33manator
Baton Rouge
Member since Oct 2010
123928 posts
Posted on 3/18/14 at 8:54 pm to
quote:

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?


No...




They're going to die.
This post was edited on 3/18/14 at 8:56 pm
Posted by ProbyOne
Louisiana
Member since Dec 2004
1914 posts
Posted on 3/18/14 at 8:55 pm to
quote:

In Louisiana your car is an extension of your home


No, it is not.

quote:

you can shoot someone that's breaking into it I'm pretty sure.


If you are inside the car at the time of the break-in, then you are pretty much good to go.

Posted by PierPunk
#BugaNation
Member since Apr 2013
3291 posts
Posted on 3/18/14 at 8:55 pm to
Thought it was if they were breaking into your car, say in your driveway, then you cannot shoot them. They must be threating your life
Posted by Tigerntx
NOLA
Member since Jul 2011
1309 posts
Posted on 3/18/14 at 8:56 pm to
In either situation - better to beg forgiveness than permission
Posted by Mike da Tigah
Bravo Romeo Lima Alpha
Member since Feb 2005
58857 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 9:00 pm to
quote:

In Louisiana your car is an extension of your home


No, it is not.

quote:
you can shoot someone that's breaking into it I'm pretty sure.


If you are inside the car at the time of the break-in, then you are pretty much good to go.


spot on
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 3/18/14 at 9:02 pm to
quote:

In either situation - better to beg forgiveness than permission




asking forgiveness in this situation is likely a LOT of time in jail.
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 Mike da Tigah
Bravo Romeo Lima Alpha
Member since Feb 2005
58857 posts
Posted on 3/18/14 at 9:08 pm to
quote:

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


Maybe I misread the intent, but I'll tell you this. If I'm in the car and someone is trying to get in my car as if to steal it or do me harm, then bye.

Now, if you're breaking into my car and I'm in my house and come out and catch you and you run, then I can certainly detain you until the police arrive if someone makes the call, but I also run the risk of getting stabbed or shot myself.

If I walk outside and catch someone in my car and they for whatever reason decide to rush me and I'm armed, then bang bang, bang...


Posted by LewDawg
Member since May 2009
75242 posts
Posted on 3/18/14 at 9:09 pm to
Hey if some guy bows up at me and he's super scary looking can I put a Judge to his face and blow his brains out?
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