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Started By
Message
re: Deadly force to protect property not legal in this state
Posted on 5/18/11 at 11:09 pm to JudgeHolden
Posted on 5/18/11 at 11:09 pm to JudgeHolden
It would never get to a jury. There would never even be a suit. You really can back away. No one will care in a week.
2
Posted on 5/18/11 at 11:09 pm to JudgeHolden
Criminal charges or civil suit, or legal fees aside, coming home and finding someone running down the drive with my 50 inch is not worth the family seeing me shoot someone. Why would I put them through that? I'm getting old. Maybe my testosterone level isn't what it used to be.
Break in while we are home might be a different story. I'm in position between the bad guy and my loved ones for one purpose.
I hope no one stays behind to protect their property and drowns. If they do, I hope they sent the women, children, and old people to higher ground.
Break in while we are home might be a different story. I'm in position between the bad guy and my loved ones for one purpose.
I hope no one stays behind to protect their property and drowns. If they do, I hope they sent the women, children, and old people to higher ground.
Posted on 5/18/11 at 11:10 pm to AlxTgr
quote:
AlxTgr
Then you just shoot away. And I'll take the case against you.
But address the issue. You said that you would be covered by insurance. You WILL NOT be covered for intentional acts. I know you know that. Or I sure hope the hell so.
Prosecution? Dude, if you kill someone, the DA is going to have to take a serious look at it. If it is across racial lines, then in many, many parishes, there is going to be enormous pressure on the DA to prosecute no matter what the facts are.
I helped defend one here where a guy shot someone who he thought was trying to invade his home. We handled it pro bono, and we got him an exceptional deal, in part because it was a black shooter and a black victim. But it was not easy and it took a hell of a long time.
So how many burglar shooters have you defended?
Posted on 5/18/11 at 11:10 pm to JudgeHolden
quote:No you didn't.
I wondered why my premiums were so high.
Posted on 5/18/11 at 11:11 pm to AlxTgr
quote:
It would never get to a jury. There would never even be a suit. You really can back away. No one will care in a week.
Good luck.
Posted on 5/18/11 at 11:12 pm to AlxTgr
quote:
No you didn't.
Wow. I am overwhelmed by the logic of that comeback.
Posted on 5/18/11 at 11:15 pm to Rocketvapor
quote:
oming home and finding someone running down the drive with my 50 inch is not worth the family seeing me shoot someone.
Amen.
Posted on 5/18/11 at 11:18 pm to JudgeHolden
quote:Fine, her it is. In a home invasion, which is all I'm talking about, there will be no suit. If there is this fantasy suit that won't happen, the shooter will be defended. Case is dismissed before trial. If this fantasy non-existant never going to happen suit goes to jury, the plaintiff(s) get zeroed. If this make believe group of irrational jurors award money, the shooter is covered because the plaintiff oriented judge already granted the plaintiff's summary judgment on coverage finding the exclusion vague and/that the shooter, while he intended to fire, did not intend bodily harm upon the poor home invader. If the summary judgment is not granted(ha ha) the shooter has nothing anyway, and is damn glad he offed the scum who could have killed his 4 year old while he slept.
But address the issue. You said that you would be covered by insurance. You WILL NOT be covered for intentional acts. I know you know that. Or I sure hope the hell so.
quote:No, just no.
Prosecution? Dude, if you kill someone, the DA is going to have to take a serious look at it.
quote:yeah, I'm sure that's what happened.
I helped defend one here where a guy shot someone who he thought was trying to invade his home
quote:Zero, because it never happens
So how many burglar shooters have you defended?
This post was edited on 5/18/11 at 11:20 pm
Posted on 5/18/11 at 11:21 pm to JudgeHolden
quote:You should be since you though you stung me with that stupid premiums comment.
I am overwhelmed by the logic of that comeback.
Posted on 5/18/11 at 11:24 pm to AlxTgr
quote:
AlxTgr
So let me get this straight. You expert legal opinion is "it just won't happen." Wow. Considering that it has, I am just not putting a lot of stock in that.
If it does, you say, then everything legally will have to break the shooter's way because you say so. Man. You must have tried a zillion cases to be so confident. Oh, right, if you had tried many cases at all you would know that that never happens.
And if not, well, hell, you'll be broke anyway so why worry?
You haven't handled one, you don't seem to understand how homeowner's coverage works, and your defense is denial. Thank you Perry Mason.
Posted on 5/18/11 at 11:24 pm to JudgeHolden
I'll tell you what. How about you come to my house. I'll shoot you in the face with a judge, and we see what happens? You can then report to the Outdoor Board what it's like and we kill two birds with one stone?
Posted on 5/18/11 at 11:29 pm to AlxTgr
quote:
You should be since you though you stung me with that stupid premiums comment.
Fair point.
Look, I'll stop jacking with you. Here is my point.
If you shoot and you are one hundred percent in the right, then you are ok. If the bad man with the criminal record is attacking your wife with a knife, then you are probably ok.
Real life is NEVER like that. You could misjudge and shoot someone who is not breaking in, like your son's college buddy who is stumbling in after a bender. That has happened. You could miss and shoot through the wall and hurt your own family. Or, well hell, like Piers, you could let your wife rattle you into shooting somebody and end up with more than a half million dollar debt hanging over your head. That is one hell of a judgment to make when you are half awake and startled. But if you think you can make it, more power to you.
Good luck in life. Really.
Posted on 5/18/11 at 11:30 pm to AlxTgr
quote:
I'll shoot you in the face
Uh, I have not looked at the professionalism stuff lately, but I am pretty sure we are not supposed to threaten to shoot each other.
Posted on 5/18/11 at 11:32 pm to JudgeHolden
quote:That's al i was talking about.
If you shoot and you are one hundred percent in the right, then you are ok
quote:Well I was not talking about that, but unfortunately for the family of the friend, and anyone involved, the shooter is justified(great show BTW).
You could misjudge and shoot someone who is not breaking in, like your son's college buddy who is stumbling in after a bender.
quote:No one but you is even talking about that kind of situation.
Or, well hell, like Piers
Posted on 5/18/11 at 11:33 pm to AlxTgr
Posted on 5/18/11 at 11:34 pm to JudgeHolden
quote:Not even as a test?
I am pretty sure we are not supposed to threaten to shoot each other.
Posted on 5/18/11 at 11:34 pm to AlxTgr
Again, good luck in life, really.
Posted on 5/18/11 at 11:36 pm to SCUBABlake
quote:You know I had to
SCUBABlake
Posted on 5/18/11 at 11:36 pm to JudgeHolden
quote:Appreciated.
Again, good luck in life, really.
Posted on 5/18/11 at 11:59 pm to AlxTgr
I am not a lawyer. I am not a LEO. I am familiar with firearms and have had formal training in the past. As much as I would like to believe that the DA, law enforcement, Judge and jury would function as advertised, I would not be comfortable putting my finances and freedom on the line for possessions. The safely of my family, any day of the week, but not material items.
The rural south is a scary place to exercise your rights. Imagine plugging some local politician's drunk ash unemployed 2nd cousin in law. How about a relative of the investigating officer? How about your neighbors? "was gonna happen sooner or later, bubba was just itchin to shoot someone stealing gas from his tractor".
and, I sure wouldn't go posting rash ideas on a forum.
Those thinking of getting a home protection weapon think this out at length. I'm in favor of it. But get the training, not just how to shoot straight but how to think straight. Practice both shooting and even "what if" drills so you don't have to read the manual at the last minute. If you own a gun, become an expert on how that gun operates. Be able to load a magazine in the dark. Why do you need to be looking at the mag anyway?
This started out discussing the legality of deadly force and drifted around to how to get away with it. I don't trust our legal system with my life and relying on "a jury of my peers" would scare the life out of me anyway. But when necessary I will stand up to protect my family from harm.
The rural south is a scary place to exercise your rights. Imagine plugging some local politician's drunk ash unemployed 2nd cousin in law. How about a relative of the investigating officer? How about your neighbors? "was gonna happen sooner or later, bubba was just itchin to shoot someone stealing gas from his tractor".
and, I sure wouldn't go posting rash ideas on a forum.
Those thinking of getting a home protection weapon think this out at length. I'm in favor of it. But get the training, not just how to shoot straight but how to think straight. Practice both shooting and even "what if" drills so you don't have to read the manual at the last minute. If you own a gun, become an expert on how that gun operates. Be able to load a magazine in the dark. Why do you need to be looking at the mag anyway?
This started out discussing the legality of deadly force and drifted around to how to get away with it. I don't trust our legal system with my life and relying on "a jury of my peers" would scare the life out of me anyway. But when necessary I will stand up to protect my family from harm.
This post was edited on 5/19/11 at 12:04 am
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