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Law on shooting someone caught stealing something on your property Update pg 5
Posted on 7/23/19 at 10:52 am
Posted on 7/23/19 at 10:52 am
So yesterday the wife took our kid to go shopping and when she returned our internet was down. Didn't think much of it bc that happens from time to time. I called my provider that evening and they said it had been down for 5 hours. This would have been when she wasn't home. So this morning she discovers our gas can is missing from our back porch. We have a security camera over looking the back porch but naturally it requires internet to work. Question is, what is the state law in regards to shooting someone stealing your property? This is of course assuming I catch the person in the act on my property... I live in Louisiana
This post was edited on 7/23/19 at 7:12 pm
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Posted on 7/23/19 at 10:53 am to IS_IT_GAMEDAY
It would help to know what state you're talking about.
In Texas, it's perfectly legal provided it's reasonable to assume the only way to retrieve the stolen property is to use deadly force.
In Texas, it's perfectly legal provided it's reasonable to assume the only way to retrieve the stolen property is to use deadly force.
Posted on 7/23/19 at 10:53 am to IS_IT_GAMEDAY
You want to shoot someone over stealing a gas can? That's probably not going to end well for you.
Posted on 7/23/19 at 10:54 am to upgrayedd
No, I'm saying if this individual returns for more of my stuff, what are my legal rights?
Posted on 7/23/19 at 10:55 am to IS_IT_GAMEDAY
Blast away baw
Posted on 7/23/19 at 10:56 am to IS_IT_GAMEDAY
If he is just rummaging in your backyard and not breaking into the home or acting in a threatening manner towards you or your family, you probably can't shoot him.
If he's trying to break into the home, or does break into the home, you can shoot him.
That's always been my take.
If he's trying to break into the home, or does break into the home, you can shoot him.
That's always been my take.
This post was edited on 7/23/19 at 10:57 am
Posted on 7/23/19 at 10:58 am to IS_IT_GAMEDAY
quote:
No, I'm saying if this individual returns for more of my stuff, what are my legal rights?
You're not going to have much protection from the law if you're outside your dwelling chasing someone, without any threat to your or someone else's life, in order to shoot them.
Posted on 7/23/19 at 10:58 am to IS_IT_GAMEDAY
In LA you can't use deadly force to protect property.
Now, if you felt threatened of bodily harm, well...
Just make sure you shoot them in the front
Now, if you felt threatened of bodily harm, well...
Just make sure you shoot them in the front
Posted on 7/23/19 at 10:58 am to IS_IT_GAMEDAY
Posted on 7/23/19 at 10:59 am to IS_IT_GAMEDAY
quote:
No, I'm saying if this individual returns for more of my stuff, what are my legal rights?
There's a lot of grey in there. You can be let off the hook criminally but it could cost you a shitload of money if the victim or their family files a civil suit against you.
Posted on 7/23/19 at 10:59 am to TheCaterpillar
It depends on how this is interpreted
quote:
(1) The use of force or violence upon the person of another is justifiable under either of the following circumstances:
(a) When committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person’s lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense
Posted on 7/23/19 at 10:59 am to VeniVidiVici
quote:
In LA you can't use deadly force to protect property.
Now, if you felt threatened of bodily harm, well...
Just make sure you shoot them in the front
That's what I needed to know. Thanks
This post was edited on 7/23/19 at 11:00 am
Posted on 7/23/19 at 10:59 am to IS_IT_GAMEDAY
shoot him, dig a hole and bury him. Nobody will miss him anyway.
This post was edited on 7/23/19 at 11:00 am
Posted on 7/23/19 at 10:59 am to IS_IT_GAMEDAY
The smart thing to do is stay inside and call the cops. If they try to enter the home then yeah, your life could be in danger so force is appropriate. Do you really want to end up in a big legal battle over shooting somebody for a gas can? Sadly, the best thing to do is avoid confrontation.
Posted on 7/23/19 at 11:00 am to IS_IT_GAMEDAY
Were you in fear for your life or for suffering great bodily harm? Were you in fear for the life or safety of a third party?
If the answer to those is YES then you may utilize force, including deadly force, to stop the threat. If the answer is NO then be prepared to be indicted and tried for your use of force.
Even if you aren't convicted, defending yourself from this type of charge will break you mentally and financially. Act accordingly.*
*None of the above post constitutes legal advice. Seek competent counsel before acting.
If the answer to those is YES then you may utilize force, including deadly force, to stop the threat. If the answer is NO then be prepared to be indicted and tried for your use of force.
Even if you aren't convicted, defending yourself from this type of charge will break you mentally and financially. Act accordingly.*
*None of the above post constitutes legal advice. Seek competent counsel before acting.
This post was edited on 7/23/19 at 11:02 am
Posted on 7/23/19 at 11:00 am to upgrayedd
quote:
You want to shoot someone over stealing a gas can? That's probably not going to end well for you.
This^
Especially if it could be argued you pre-meditated the act even if not the target.
The less conspicuous way to ask this question is "What is your interpretation of the castle laws and the protections allotted the property owner" post begins "hypothetical: If someone is stealing lawn equipment and you catch them in the act...."
Instead the OP reads like: "M'fer stole my gas can, if he comes back can I shoot the m'fer?"
Posted on 7/23/19 at 11:00 am to IS_IT_GAMEDAY
Do you have an extra pistol that is not traceable to you that could be strategically placed after a shooting?
Posted on 7/23/19 at 11:01 am to upgrayedd
quote:
You can be let off the hook criminally but it could cost you a shitload of money if the victim or their family files a civil suit against you.
I don't remember the details but a homeowner in louisiana is exempt from civil suits IF the shooting happens inside the home and no charges are upheld.
Posted on 7/23/19 at 11:01 am to celltech1981
Call the police. Don't shoot someone over junk you leave out in your yard.
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