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re: Qualified Immunity for Concealed Permit Holders?

Posted on 2/21/24 at 1:52 pm to
Posted by RaginCajunz
Member since Mar 2009
5434 posts
Posted on 2/21/24 at 1:52 pm to
quote:

In comparison to the above scenario, think of qualified immunity as a presumption that the concealed carry defender was right and justified and immune from suit unless they can prove gross neligence, malicious intent, etc. It hasn’t eliminated the possibility that they can be held liable for bad actions. It’s a decision that, as a matter of public policy, we don’t want to subject defenders to that kind of civil liability if any aspect of their actions was justified. As a society, we would rather err on the side of the defenders.



Then this should be the norm legally, not a protected class for a person who sat through an instructional day. This has the same feel to me as "hate crime" laws. Just a conservative version. I had a great instructor who I know personally. Someone who takes the coursework seriously. I'm not sure people who sat through even the best 8 hours of class are more or less likely to be right or justified than most random people put in a bad situation.



Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5732 posts
Posted on 2/21/24 at 2:03 pm to
quote:

Then this should be the norm legally, not a protected class for a person who sat through an instructional day. This has the same feel to me as "hate crime" laws. Just a conservative version. I had a great instructor who I know personally. Someone who takes the coursework seriously. I'm not sure people who sat through even the best 8 hours of class are more or less likely to be right or justified than most random people put in a bad situation.


I don’t necessarily disagree with you. But if i had to pick a group to which the QI might apply within the population of every person present within the borders of Louisiana, the group that presented themselves for training and demonstrated a minimum proficiency with a handgun would not be the worst group to pick.
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