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re: Can you shoot someone that is breaking into your car in your driveway?
Posted on 2/13/20 at 1:07 pm to TheCaterpillar
Posted on 2/13/20 at 1:07 pm to TheCaterpillar
Some good responses but the real world answer is technically you cannot. Once you are outside your home it’s a different ballgame requiring different standards. So you can’t shoot someone for breaking into your car.
BUT if you go outside armed because you heard something and Encounter someone breaking into your car and during the interaction you think you see them holding or reaching for a gun, you can protect yourself by firing your weapon. But at that point you’re not shooting them because they’re breaking into your car, you’re shooting them because they are about to kill you or inflict serious bodily harm to you.
If the DA decides to prosecute, you will have to prove up the above specifically your state of mind and reasonable fear of being in threat of serious bodily harm or death. It won’t be fun even if found not guilty. So the position of the DA in your area is important, not just their view on the issue but also if they’re apt to bend to public pressure, sensitive to image/damage control, etc.
The bottom line is it’s a really bad idea, and if you do go out to confront (which you are perfectly justified in doing) you better have a strong mindset about what you’re doing, seeing and where the lines not to cross are.
If you do shoot, you better empty the gun and kill them because 1) that can demonstrate the level of fear and 2) a dead witness is better than a live one. Also when the police get there and with any following investigation you better appear scared as hell and regretful rather than Dirty Harry.
BUT if you go outside armed because you heard something and Encounter someone breaking into your car and during the interaction you think you see them holding or reaching for a gun, you can protect yourself by firing your weapon. But at that point you’re not shooting them because they’re breaking into your car, you’re shooting them because they are about to kill you or inflict serious bodily harm to you.
If the DA decides to prosecute, you will have to prove up the above specifically your state of mind and reasonable fear of being in threat of serious bodily harm or death. It won’t be fun even if found not guilty. So the position of the DA in your area is important, not just their view on the issue but also if they’re apt to bend to public pressure, sensitive to image/damage control, etc.
The bottom line is it’s a really bad idea, and if you do go out to confront (which you are perfectly justified in doing) you better have a strong mindset about what you’re doing, seeing and where the lines not to cross are.
If you do shoot, you better empty the gun and kill them because 1) that can demonstrate the level of fear and 2) a dead witness is better than a live one. Also when the police get there and with any following investigation you better appear scared as hell and regretful rather than Dirty Harry.
0
Posted on 2/13/20 at 1:08 pm to TheCaterpillar
quote:
In Texas I'm assuming you can just shoot them, but wasn't sure about Louisiana.
In texas you can shoot them in the back when they are running away
Posted on 2/13/20 at 1:13 pm to 14&Counting
quote:
In texas you can shoot them in the back when they are running away
So that's why everyone is moving to Texas...
Posted on 2/13/20 at 1:15 pm to TigerLaw40
quote:
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).
Not quite.
quote:
RS 14:20
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
If I shoot someone in self defense because they are charging me. My defense will be "Officer, I believed that this person meant to harm me and my life was in danger". It matters not if the attacker was armed or not. My belief is sufficient. How can that legally be challenged in court?
Posted on 2/13/20 at 1:25 pm to tommy2tone1999
quote:
My belief is sufficient. How can that legally be challenged in court?
It isn’t about YOUR belief: it’s the “reasonable person’s” belief in YOUR shoes, which the New Orleans jury pool will decide.
Posted on 2/13/20 at 1:26 pm to TheCaterpillar
Yes.
Especially if the local cops are your baws.
Especially if the local cops are your baws.
Posted on 2/13/20 at 1:27 pm to tommy2tone1999
quote:
How can that legally be challenged in court?
Ever heard of the reasonable man?
Posted on 2/13/20 at 1:27 pm to BattinRouge11
quote:
or Dick Vitale
I just want to punch him he the throat so he can't talk anymore.
Posted on 2/13/20 at 1:28 pm to Proximo
Read the law again. You're trying to split hairs with a law written upon vague subjective terminology.
This post was edited on 2/13/20 at 1:30 pm
Posted on 2/13/20 at 1:29 pm to tommy2tone1999
What do you do for a living?
Posted on 2/13/20 at 1:29 pm to tommy2tone1999
quote:
Read the law again.
You're fricked if your belief isn't reaonable
Posted on 2/13/20 at 1:31 pm to tommy2tone1999
This post was edited on 2/13/20 at 3:46 pm
Posted on 2/13/20 at 1:31 pm to tommy2tone1999
quote:
...reasonably believes...
It will be up to the jury to determine whether your belief was “reasonable”. That can be problematic. See: the death of Yoshi Hatori.
Posted on 2/13/20 at 1:33 pm to TigersSEC2010
quote:
The chances of a random civilian being composed enough in that situation to assess whether or not an intruder is armed, then - if they somehow determined the intruder is armed - make a precise shot that is intended to be non-fatal is slim to none.
And yet there are documented cases that contradict your assertion. You are still making the argument commonly used by...
quote:
a liberal
...whether you are one or not. And plenty of highly conservative Fudds would agree with you.
Posted on 2/13/20 at 1:33 pm to tommy2tone1999
quote:
You're trying to split hairs with a law written upon vague subjective terminology.
Is this the first time you have heard of the reasonable man standard? It is used quite frequently in the law
Posted on 2/13/20 at 1:34 pm to TheCaterpillar
quote:Derek Vinyard says no
Can you shoot someone that is breaking into your car in your driveway?
Posted on 2/13/20 at 1:34 pm to tommy2tone1999
quote:
Read the law again. You're trying to split hairs with a law written upon vague subjective terminology.
Why do you think you get to be the ultimate arbiter of whether your belief is reasonable?
Posted on 2/13/20 at 1:39 pm to tommy2tone1999
quote:your belief is only sufficient if it is reasonable
belief is sufficient. How can that legally be challenged in court?
Posted on 2/13/20 at 1:55 pm to Clames
quote:
And yet there are documented cases that contradict your assertion. You are still making the argument commonly used by...
quote:
...whether you are one or not. And plenty of highly conservative Fudds would agree with you.
This has to be the weirdest, most unnecessary back-and-forth I've ever had on TD.
I'm not making an argument for or against guns or the right to defend yourself with one. I was stating an opinion on the likelihood that a random person could achieve what GeorgeWest claimed he would do in the given situation.
How you somehow pulled an anti-gun argument out of that is beyond me. Head to the Poli Board if you want that bullshite.
This post was edited on 2/13/20 at 1:57 pm
Posted on 2/13/20 at 1:58 pm to TheCaterpillar
You cannot shoot them for simply breaking into your car.
You can confront them while you are armed.
If the violator charges or advances toward you in a threatening manner you can use lethal force on him if you can articulate why you believed you were in reasonable danger of death or serious bodily harm.
The fear of him taking your gun away and killing you can be used as part of the justification but you have to be able to articulate why that fear was reasonable.
Also, the violator cannot claim any self defense because he is in the act of committing a crime.
You can confront them while you are armed.
If the violator charges or advances toward you in a threatening manner you can use lethal force on him if you can articulate why you believed you were in reasonable danger of death or serious bodily harm.
The fear of him taking your gun away and killing you can be used as part of the justification but you have to be able to articulate why that fear was reasonable.
Also, the violator cannot claim any self defense because he is in the act of committing a crime.
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