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re: Marrero man shoots at burglars.... Gets arrested?!?!

Posted on 9/19/18 at 7:20 am to
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 9/19/18 at 7:20 am to
Lot of dumb fricks downvoting how the law works.

When you draw and fire a gun. It has to be with cause. 3 assholes that just stole your stuff and have beat feet are not a cause. And it's because while you may think you're Dirty Harry, the rest of the general public has no cause, want or reason to believe you can make the shot instead of just flinging high speed metal willy nilly through their property and potentially bodies.

At that point their lives belong to a jury when caught.
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 9/19/18 at 7:25 am to
That's an unrelated fact situation.

But if a person was armed or arming themselves and facing you or turning towards you armed or arming themselves then yes. You would have a case of imminent danger if you believed they intended to harm you.
Posted by JOHNN
Prairieville
Member since Nov 2008
4513 posts
Posted on 9/19/18 at 7:32 am to
quote:

Why can’t he just say he fired a warning shot when he saw people in his car...?


Well unless he was firing blanks, the bullets must come down at some point. When they come down, theres still the possibility of hitting an innocent bystander.
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 9/19/18 at 7:34 am to
Well, the burglars were not in his house or a threat to his life. Castle Doctrine and Reasonable Man are not applicable.
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 9/19/18 at 7:40 am to
Good . You gunnuts cannot just go into the street and shoot. You don't know what you will hit.
Posted by gumbo2176
Member since May 2018
20376 posts
Posted on 9/19/18 at 8:04 am to
quote:

What the fellas be yellin?


They weren't yelling. They were all collectively shitting their pants simultaneously, thus the noise.
Posted by Barbellthor
Columbia
Member since Aug 2015
11575 posts
Posted on 9/19/18 at 9:27 am to
I’m not saying that’s the law. I’m saying that’s the smart way to play it. You’ve got the right to defend yourself. But you can’t go hunt anyone down. Between the two is often grey. So that’s the rule I play by: in home or car, it’s open season; otherwise, if they’re not coming at you, don’t pull that trigger.
Posted by jennyjones
New Orleans Saints Fan
Member since Apr 2006
9995 posts
Posted on 9/19/18 at 9:43 am to
What the frick are they yelling?
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 9/19/18 at 9:52 am to
quote:

every time he fills out a job application for the rest of his life, he has to answer the question: "Have you ever been arrested?"....his answer will be "Yes"




I have never seen this before in my life. I would remember, as I've been arrested several times for stupid drunk stuff in college.

I have seen "Have you ever been convicted of a felony?" though on basically every application.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 9/19/18 at 9:53 am to
quote:

I’m not saying that’s the law. I’m saying that’s the smart way to play it.


There is only one way to ‘play it’ and that’s by the book.

I’m not fricking around with my freedom. I’m just saying man, unless you 100% know the gun laws, you really shouldn’t be advising people on how to handle situations where firearms are involved
Posted by rld280z
Richmond, VA
Member since Mar 2018
142 posts
Posted on 9/19/18 at 10:20 am to
You gotta kill them inside of your house and you are good. Anything else and you get screwed. Also make sure they are dead.
Posted by Barbellthor
Columbia
Member since Aug 2015
11575 posts
Posted on 9/19/18 at 10:21 am to
I’m not advising anyone. I’m saying that’s what I do. And what I do considers stand your ground and your car being an extension of one’s home, which are considerations of the law.
Posted by Gatorbait2008
Member since Aug 2015
29699 posts
Posted on 9/19/18 at 11:11 am to
Was a dumb move.

My issue with the laws are the idea of shooting in the back. Even if on property.

Imagine you wake up. Hear someone breaking into your home. You have no clue how many, who it is, how violent they are, anything.

So you grab your gun and slowly walk towards the noise. Not sure if you turn a light on or stay in thr dark because you know your house lay out better. Now you are holding a gun, but could be three of them with one as well. So now you are filled with adrenaline, scared for your family, and knowing you are the one who is the line between them and this evil.

You get to the room, guy is breaking through the window. He gets up you shoot. He starts escaping back out the window but you have the instinct of protection. You aren't trained to do this. You don't get classes on hostile situations and maintaining composer. So you shoot again, but he is turned away from you heading back out the window.

Is that really a crime? To me..that's a heat of the moment where you are put in an impossible situation. Yet in some states...this is a crime. It's bullshite. Your property must be protected. That's your life inside that home someone is trying to take from you. They deserve no quarter.
Posted by Chad504boy
4 posts
Member since Feb 2005
179889 posts
Posted on 9/19/18 at 11:14 am to
quote:

Why can’t he just say he fired a warning shot


no such things as warning shots. your life is either in imminent danger or not. you shoot to kill only when justified. You can't become the aggressor and chase people down to kill.
Posted by cajunbuck
R-KANSAS
Member since Sep 2017
997 posts
Posted on 9/19/18 at 11:16 am to
quote:

If he would have shot them while they were still in his car or yard he would be free and clear.


uhh.. yea... i dunno about that. I'm saying unless they were in his home, or he was occupying the car when they happened to get in it, if he shoots them anywhere else his arse will be in a sling.

obviously, providing they are fleeing and not facing him with a threat. thats different
Posted by jcole4lsu
The Kwisatz Haderach
Member since Nov 2007
31991 posts
Posted on 9/19/18 at 11:18 am to
quote:

He’s no longer in his house or on his property, they were fleeing and not posing a threat.

Its really less this and more the fact he is running down the public street firing a weapon.
What if he missed? What if the bullet entered a neighbors home and struck their sleeping child?

Dude is an idiot and deserved to be arrested.
Posted by Chad504boy
4 posts
Member since Feb 2005
179889 posts
Posted on 9/19/18 at 11:19 am to
quote:

Its really less this


no its not, even if the intruder is trying to hop your backyard fence running away and you come out firing at him, you've done wrong.
Posted by gumbo2176
Member since May 2018
20376 posts
Posted on 9/19/18 at 11:37 am to
quote:

Why can’t he just say he fired a warning shot when he saw people in his car...?


Even under those circumstances it's against the law to discharge a firearm in a residential area. Either way, he could still go be arrested.
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 9/19/18 at 11:40 am to
quote:

You gotta kill them inside of your house and you are good.
Or, as a former District Attorney for East Baton Rouge Parish once said in a speech to a club I belonged to, "If you shoot them outside your house, drag them into your house and then call the police."

True story. I heard him say it.
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