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re: Deadly force to protect property not legal in this state

Posted on 5/18/11 at 11:08 am to
Posted by IndianRed
Member since May 2011
108 posts
Posted on 5/18/11 at 11:08 am to
quote:

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?



Here's the law:

LINK

The way I read it, you can use deadly force to
a) protect life
b) protect your home from invasion while you are in the home
c) against someone who is trying to use unlawful force against a person in a dwelling or motor vehicle to rob them

So cases where you could NOT use deadly force:
a) you see someone breaking into an unoccupied building
b) you see someone stealing from your shed
c) you see someone stealing from your neighbors shed
d) you see someone stealing from an occupied building but they are not using unlawful force against persons in that building



Of course, as far as I know, in all cases if someone is stealing your property, you can use reasonable force to detain them until arrest. What constitutes "reasonable" in a case where the cops might not show up for days is kind of hard to pin down though.
This post was edited on 5/18/11 at 11:10 am
Posted by Big McLargeHuge
Member since Jun 2008
634 posts
Posted on 5/18/11 at 11:13 am to
Opening the Morganza is no more deadly force than keeping the river on its current path. You can't logically be against opening the spillway for this reason and for the river flowing past Baton Rouge and New Orleans. I can sympathize with that viewpoint, however impractical it may be.
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