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re: If someone tries to get into your car, can you hold them at gunpoint?
Posted on 3/18/14 at 9:29 pm to LSUtoOmaha
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.
1
Posted on 3/19/14 at 7:10 am to boom roasted
This is the correct answer. This comes straight from LSP.org where they list use of deadly force laws.
If you are in your car at a red light and someone busts out your window with a brick, that is a reasonable fear for your life and you may use deadly force. Of course, this doesn't mean if they throw a brick and just run that you can chase after them, but it does give you more protection if they use a tool to break your window and try to get inside.
And no you cannot defend property with deadly force. So if you aren't in your car, you cannot use deadly force to defend it.
A car isn't necessarily an extension of your home in LA because you get fewer protections and privileges inside of it. But you do get more protection with the law than you would if you were out of the car on foot.
quote:
§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.
If you are in your car at a red light and someone busts out your window with a brick, that is a reasonable fear for your life and you may use deadly force. Of course, this doesn't mean if they throw a brick and just run that you can chase after them, but it does give you more protection if they use a tool to break your window and try to get inside.
And no you cannot defend property with deadly force. So if you aren't in your car, you cannot use deadly force to defend it.
A car isn't necessarily an extension of your home in LA because you get fewer protections and privileges inside of it. But you do get more protection with the law than you would if you were out of the car on foot.
This post was edited on 3/19/14 at 7:11 am
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