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re: Can you shoot someone that is breaking into your car in your driveway?

Posted on 2/13/20 at 12:27 pm to
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33794 posts
Posted on 2/13/20 at 12:27 pm to
Good social experiment. Whack him and report back.
Posted by rbdallas
Dallas, TX
Member since Nov 2007
10340 posts
Posted on 2/13/20 at 12:27 pm to
Texas=
A little different, you can shoot a fleeing thief from home (as long as it is night time), but not a fleeing trespasser.

Someone robbing your car is different and you can not shoot them unless they have a weapon, or you can justify being in fear for your life if they are a viable threat to you.

better be ready to defend it in a grand jury...all cases are investigated as murders first in TX
Posted by LSUcajun77
New Orleans
Member since Nov 2008
21270 posts
Posted on 2/13/20 at 12:27 pm to
In New Orleans? Nah..now connecting and killing is another can of worms. But you can fire your gun at them, just don’t hit’em. Might be against the law, but remember who is coming to take notes.
Posted by Lester Earl
Member since Nov 2003
278448 posts
Posted on 2/13/20 at 12:28 pm to
Merritt Landry got away with it

15yr old Kid was snooping around his front yard, unarmed. He shot him in the head.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
6776 posts
Posted on 2/13/20 at 12:28 pm to
Link?
Posted by LSUcajun77
New Orleans
Member since Nov 2008
21270 posts
Posted on 2/13/20 at 12:30 pm to
Yep!

There is video of my buddy doing it in Lakeview. Didn’t kill anyone, but he shot several times then spent zero minutes in jail.
Again remember who’s coming to talk about it...when they show up. You’re good!
Posted by TigerLaw40
Member since Aug 2017
2788 posts
Posted on 2/13/20 at 12:30 pm to
quote:

What if they just charge you like they're coming to attack you?

That falls under what is known as "stand your ground" law and there are varying factors that depend. Just because they are charging at you, doesn't mean you necessarily have the right to lethal force to prevent the attack. It all revolves around whether there is a threat of immediate and great bodily harm or your life is at risk (may not be using correct terms here as I don't deal in criminal law much; but you get the gist). The level of threat can be dependent on factors such as if the attacker is armed with something that can cause those things, size of the attacker in comparison to victim, etc., etc.

So like with nearly anything in the law, the common answer of "it depends" very much applies here.
Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 2/13/20 at 12:31 pm to
quote:

In Louisiana, if you see that someone is breaking into your car in your driveway on your property, can you go outside and shoot them? Or do they have to attack you and/or present some kind of physical threat to you before you can shoot them?


You can shoot them.
You might get prosecuted for it, though. You might not.
Posted by Dizz
Member since May 2008
14734 posts
Posted on 2/13/20 at 12:32 pm to
Wasn’t that kid armed?
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124276 posts
Posted on 2/13/20 at 12:33 pm to
Depends on your aim
Posted by Napoleon
Kenna
Member since Dec 2007
69102 posts
Posted on 2/13/20 at 12:34 pm to
How about paintballs to the face?
Seems a few hundred rounds of chilled paintballs would mess someone up yet not be lethal
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
6776 posts
Posted on 2/13/20 at 12:34 pm to
In Louisiana you are only justified in using lethal force to defend yourself or others from bodily harm or death. Not to protect property.

Justifiable Homicide - Louisiana
This post was edited on 2/13/20 at 12:36 pm
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37361 posts
Posted on 2/13/20 at 12:36 pm to
quote:

If they appear to be without a gun, I would shoot them in their hip/calf/upper leg. As I was doing that, my wife would be inside calling the cops.


Unless you're former military with firefight experience, your arse is going to be too puckered to assess whether or not he is armed, much less to make a precise, non-fatal shot.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30585 posts
Posted on 2/13/20 at 12:36 pm to
if you are in your car and have a reasonable fear of your life yes.

if you are not in your car... no
Posted by beebefootballfan
Member since Mar 2011
19033 posts
Posted on 2/13/20 at 12:36 pm to
I had a Memphis cop tell me if I ever found somebody breaking into something outside to just shoot him, crank up my car, and then call the cops.

Then when the cops arrive tell them I had just pulled in the driveway after a trip to the range, and the guy came at me and I had no other choice.
Posted by Lester Earl
Member since Nov 2003
278448 posts
Posted on 2/13/20 at 12:36 pm to
Merrit said he thought the kid was reaching for something. He wasn’t armed though
Posted by lsujunky
Down By The River
Member since Jun 2011
2263 posts
Posted on 2/13/20 at 12:36 pm to
Dead man tells no lies. Just make sure you don't shoot him/she/it in the back and you have a throw down weapon.
This post was edited on 2/13/20 at 12:38 pm
Posted by WestCoastAg
Member since Oct 2012
145171 posts
Posted on 2/13/20 at 12:37 pm to
of course not
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37361 posts
Posted on 2/13/20 at 12:37 pm to
You cannot shoot someone just for breaking into your car.

Now, if they have a weapon and place you in fear of your life, that's a different story that you'll have to take up with the DA.
Posted by Salmon
On the trails
Member since Feb 2008
83583 posts
Posted on 2/13/20 at 12:38 pm to
quote:

if you see that someone is breaking into your car in your driveway on your property, can you go outside and shoot them?


no
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