- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Spinoff thread re: home invasions
Posted on 12/6/14 at 12:54 pm
Posted on 12/6/14 at 12:54 pm
Can anyone provide me with a legitimate reason I shouldn't be able to shoot/kill someone I find either:
A: inside my house without my consent/previous invitation
B: obviously trying to break into/enter my house
A: inside my house without my consent/previous invitation
B: obviously trying to break into/enter my house
5
Posted on 12/6/14 at 12:59 pm to Wishnitwas1998
(no message)
This post was edited on 3/8/21 at 2:17 pm
Posted on 12/6/14 at 1:11 pm to Wishnitwas1998
The only two reasons I can think of:
1. You want to break in people houses and still shite; therefore you don't want to be shot doing this.
2. You are mentally deranged and feel government knows better than people.
But neither of these reasons are "legitimate".
1. You want to break in people houses and still shite; therefore you don't want to be shot doing this.
2. You are mentally deranged and feel government knows better than people.
But neither of these reasons are "legitimate".
This post was edited on 12/6/14 at 1:15 pm
Posted on 12/6/14 at 1:25 pm to graychef
quote:
While I'm all for home defense, the only apprehension is that taking a person's life would be very troubling/haunting to me for a long time. But if it comes down to me or the intruder, no contest.
Yea it very well might I just mean from a legal standpoint. Aiming this question at those who would say a man should be prosecuted for shooting Someone under the circumstances I described
This post was edited on 12/6/14 at 1:26 pm
Posted on 12/6/14 at 1:33 pm to Wishnitwas1998
LA RS 14:19
Use of force or violence in defense
A.(1) The use of force or violence upon the person of another is justifiable under either of the following circumstances:
(a) When committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense.
(b)(i) 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) when the conflict began, 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 using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
(ii) The provisions of this Paragraph shall not apply when the person using the force or violence is engaged, at the time of the use of force or violence in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
(2) The provisions of Paragraph (1) of this Section shall not apply where the force or violence results in a homicide.
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 force or violence 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 the force or violence 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 force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
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 force or violence 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 force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.
Use of force or violence in defense
A.(1) The use of force or violence upon the person of another is justifiable under either of the following circumstances:
(a) When committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense.
(b)(i) 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) when the conflict began, 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 using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
(ii) The provisions of this Paragraph shall not apply when the person using the force or violence is engaged, at the time of the use of force or violence in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
(2) The provisions of Paragraph (1) of this Section shall not apply where the force or violence results in a homicide.
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 force or violence 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 the force or violence 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 force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
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 force or violence 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 force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.
This post was edited on 12/6/14 at 1:35 pm
Posted on 12/6/14 at 1:36 pm to Joshjrn
quote:
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 force or violence was necessary
Basically the only way you can screw up is by running your mouth that you weren't scared at all.
Posted on 12/6/14 at 1:37 pm to Joshjrn
And for instances that specifically result in death:
LA RS 14:20
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) when the conflict began, 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 dwelling, place of business, or motor vehicle.
(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
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 dwelling, place of business, or motor vehicle when the conflict began, 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.
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.
LA RS 14:20
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) when the conflict began, 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 dwelling, place of business, or motor vehicle.
(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
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 dwelling, place of business, or motor vehicle when the conflict began, 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.
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 post was edited on 12/6/14 at 1:41 pm
Posted on 12/6/14 at 1:55 pm to Wishnitwas1998
I used to work homicide and violent crimes and in this day and age you are crazy if you don't arm yourself.
I advocate the following:
1) Have a gun on every level of your house...you don't want to be in a foot race with the bad guy upstairs to get your gun.
2) Privacy fences do just that...provide privacy for the bad guy...if you are gonna have a privacy fence put a big dog behind it!
3) Go around your residence and try to eliminate areas an attacker can hide and ambush you such as....large bushes, boxes stacked under carport, unlocked outside utility closets.
(in HS my friend's dad was killed by a robber that hid in a utility closet under the carport and waited for him to return home.)
4) get concealed carry permit and learn to be proficient not only shooting your gun but drawing it.
5) Never be too afraid to call the police or a friend because you are afraid to go in your house....if something doesn't feel right, better safe than sorry.
6) Get to know your neighbors. Neighbors that you have a friendly relationship with typically will be more cognizant of something being wrong at your house which might just save your life.
I advocate the following:
1) Have a gun on every level of your house...you don't want to be in a foot race with the bad guy upstairs to get your gun.
2) Privacy fences do just that...provide privacy for the bad guy...if you are gonna have a privacy fence put a big dog behind it!
3) Go around your residence and try to eliminate areas an attacker can hide and ambush you such as....large bushes, boxes stacked under carport, unlocked outside utility closets.
(in HS my friend's dad was killed by a robber that hid in a utility closet under the carport and waited for him to return home.)
4) get concealed carry permit and learn to be proficient not only shooting your gun but drawing it.
5) Never be too afraid to call the police or a friend because you are afraid to go in your house....if something doesn't feel right, better safe than sorry.
6) Get to know your neighbors. Neighbors that you have a friendly relationship with typically will be more cognizant of something being wrong at your house which might just save your life.
Posted on 12/6/14 at 2:10 pm to Wishnitwas1998
quote:
A: inside my house without my consent/previous invitation
You walk in the house and find a passed out drunk? 8 year old kid? Obviously disoriented elderly person? Your neighbor who knows where the spare key is and is returning something he borrowed? There are always exceptions.
quote:
B: obviously trying to break into/enter my house
Still too broad. I'd lean toward giving the homeowner a lot of leeway under most circumstances, but again, there are always exceptions.
ETA hypothetical: Northern climate, someone is stranded in a blizzard. They break into an empty house to get out of the cold and survive. Owner comes home. Should he be able to kill them without consequence?
This post was edited on 12/6/14 at 2:20 pm
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News