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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 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.
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 on 3/18/14 at 8:50 pm to LSUtoOmaha
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.
The more likely scenario in La. is if you live in your car..you can shoot them.
Posted on 3/18/14 at 8:51 pm to LSUtoOmaha
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 on 3/18/14 at 8:51 pm to LSUtoOmaha
Why not just beat the shite out of them instead?
Posted on 3/18/14 at 8:52 pm to LSUtoOmaha
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?
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 on 3/18/14 at 8:52 pm to LSUtoOmaha
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 on 3/18/14 at 8:52 pm to LSUtoOmaha
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 on 3/18/14 at 8:53 pm to LSUtoOmaha
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.
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 on 3/18/14 at 8:54 pm to LSUtoOmaha
shoot first ask questions later
Posted on 3/18/14 at 9:00 pm to LSUtoOmaha
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 on 3/18/14 at 9:03 pm to LSUtoOmaha
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 on 3/18/14 at 9:12 pm to LSUtoOmaha
If someone is trying to steal my car without me being in it they. An have it. Im not about to risk losing my life or having to worry about spending the rest if in jail if I shoot and kill someone. That's what I have insurance for.
Now if I'm in it and I get car jacked at gun point, if I can grab my gun fast enough someone is gonna die.
Now if I'm in it and I get car jacked at gun point, if I can grab my gun fast enough someone is gonna die.
Posted on 3/18/14 at 9:13 pm to LSUtoOmaha
Depends on the color
of the car.
of the car.
Posted on 3/18/14 at 9:29 pm to LSUtoOmaha
I think you can shoot their arse in scenario two.
§20. Justifiable homicide
A. A homicide is justifiable:
(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.
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 premises or motor vehicle, 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.
§20. Justifiable homicide
A. A homicide is justifiable:
(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.
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 premises or motor vehicle, 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.
Posted on 3/18/14 at 9:32 pm to LSUtoOmaha
No
Yes
Yes
Posted on 3/18/14 at 9:32 pm to LSUtoOmaha
I'm in Texas so it's pro ably a little different. I do believe you car is considered an extension to.your home.
Regardless,if an unknown person gets into to my car forcefully (uninvited), I can only assume be means me harm and will protect myself.
Regardless,if an unknown person gets into to my car forcefully (uninvited), I can only assume be means me harm and will protect myself.
Posted on 3/18/14 at 9:36 pm to LSUtoOmaha
quote:
Can you point a gun at them to make them leave
quote:
1. The car is parked and nobody is inside.
You can detain someone as far as I know.. don't shoot though. You can NOT use deadly force to protect property in Louisiana
quote:
2. The car is stopped and you are inside.
Not only can you point the gun at them, you can shoot them.
Posted on 3/18/14 at 10:39 pm to LSUtoOmaha
Powder residue allowed.
Posted on 3/18/14 at 10:39 pm to LSUtoOmaha
I pity the fool that attempts to burglarize an OTers car while in their presence.
You'd have better luck trying to lift an Uzi off an Israeli commando.
You'd have better luck trying to lift an Uzi off an Israeli commando.
Posted on 3/19/14 at 1:13 am to LSUtoOmaha
(no message)
This post was edited on 3/19/14 at 1:15 am
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