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re: Is it legal to shoot someone if they reach into your vehicle to harm you?

Posted on 11/6/14 at 4:12 pm to
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 11/6/14 at 4:12 pm to
quote:

there's no means of escape/retreat,
Many, probably most, jurisdictions have eliminated any requirement to flea/escape, fwiw.
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 11/6/14 at 4:13 pm to
quote:

Any form of bodily harm threatened. Especially after dark.
Yes. The legal standard changes one the sun goes down.
Posted by Jefferson Davis
Plank Road
Member since Nov 2011
5960 posts
Posted on 11/6/14 at 4:15 pm to
quote:

Many, probably most, jurisdictions have eliminated any requirement to flea/escape, fwiw.


You're absolutely right. Thought about that as soon as I hit submit.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92903 posts
Posted on 11/6/14 at 4:17 pm to
If you are scared for your life its legal
Posted by Thib-a-doe Tiger
Member since Nov 2012
36766 posts
Posted on 11/6/14 at 4:26 pm to
It is legal to shoot anyone at any time if you say "he's coming right for us"
Posted by sleepytime
Member since Feb 2014
3909 posts
Posted on 11/6/14 at 4:28 pm to
Well I shot 2 people that tried to rob/ carjack me and never had any charges pressed against me. It didn't help them that they had lots of outstanding warrants and a criminal history. I also kept my mouth shut and asked for a lawyer. The witnesses and their past were enough that the cops let me go home a few hours later and I never heard from them again.
Posted by Croacka
Denham Springs
Member since Dec 2008
61451 posts
Posted on 11/6/14 at 4:31 pm to
quote:

Well I shot 2 people that tried to rob/ carjack me


cred [on] off
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92903 posts
Posted on 11/6/14 at 4:33 pm to
quote:

Well I shot 2 people that tried to rob/ carjack me and never had any charges pressed against me. It didn't help them that they had lots of outstanding warrants and a criminal history. I also kept my mouth shut and asked for a lawyer. The witnesses and their past were enough that the cops let me go home a few hours later and I never heard from them again.


Posted by TexasTiger1185
New Orleans
Member since Sep 2011
13168 posts
Posted on 11/6/14 at 4:51 pm to
If I have a gun on me, then I don't care where I am; I'll shoot someone who is trying to kill me. It's not restricted to home or car. My life is on the line? I'm shooting if I'm armed.

It would have to be life or death, but just pulling the gun would likely be enough 99% of the time.
Posted by Chappy
G-Town
Member since Jul 2007
3459 posts
Posted on 11/6/14 at 5:16 pm to
Louisiana Title 14 Criminal Law

Justifiable Homicide

quote:

§20. Justifiable homicide

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.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(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.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

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 dwelling, place of business, or motor vehicle when the conflict began, 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.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.
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