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re: Rules of carrying a gun

Posted on 4/3/14 at 12:13 pm to
Posted by Clames
Member since Oct 2010
16645 posts
Posted on 4/3/14 at 12:13 pm to
quote:

OP is not the clerk


Nor does he have to be.

quote:

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. The homicide shall be justifiable even though the person does not retreat from the encounter.

(4) 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), 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 premises or motor vehicle. The homicide shall be justifiable even though the person committing the homicide does not retreat from the encounter.


Notice how these sections of the don't justify the use of force only if YOU (or the OP) are the ones directly threatened.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 4/3/14 at 12:13 pm to
quote:

reasonably believes
Posted by Peazey
Metry
Member since Apr 2012
25418 posts
Posted on 4/3/14 at 12:15 pm to
quote:

You're assuming the "robber" is going to kill the clerk.


So you have to wait until the clerk has been murdered before taking any action? Pointing a gun at another person is all I need to assume that your intentions are very possibly to kill that person.
Posted by Clames
Member since Oct 2010
16645 posts
Posted on 4/3/14 at 12:15 pm to
quote:

Simply brandishing a weapon is not grounds to shoot


Yeah, you just go brandish a weapon in a public place in front of a LEO and see how well that works out for you Ol' Yeller.
Posted by StripedSaint
Member since Jun 2011
2385 posts
Posted on 4/3/14 at 12:16 pm to
quote:

Simply brandishing a weapon is not grounds to shoot


Yes it is
Posted by swampdawg
Baton Rouge, LA
Member since Nov 2007
5141 posts
Posted on 4/3/14 at 12:16 pm to
frick man you are in Jennings. You can kill a hooker and get away with it.
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13936 posts
Posted on 4/3/14 at 12:16 pm to
It's about time to switch to "pretend like you were trolling" mode to save yourself some face.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134990 posts
Posted on 4/3/14 at 12:17 pm to
I think all this debate is a perfect example as to why you should probably stay out of it. Is it right? I don't think so. But rule #1 is I'm #1 and it's not worth it.
Posted by GrammarKnotsi
Member since Feb 2013
9400 posts
Posted on 4/3/14 at 12:18 pm to
quote:

to save yourself some face


I'll stick with "its a grey area"

If you shoot someone who is simply robbing a store, you will find yourself in front of a jury...
Posted by Buddy Garrity
Member since Mar 2013
4224 posts
Posted on 4/3/14 at 12:18 pm to
It benefits everyone to let them rob the store and leave.
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13936 posts
Posted on 4/3/14 at 12:19 pm to
quote:

If you shoot someone who is simply robbing a store, you will find yourself in front of a jury...

Not if said thief is
quote:

brandishing

a gun
Posted by StripedSaint
Member since Jun 2011
2385 posts
Posted on 4/3/14 at 12:19 pm to
quote:

I think all this debate is a perfect example as to why you should probably stay out of it.

It really isn't a debate if it is legal, because it is legal. The debate on morality, I can see your point. (not really)
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 4/3/14 at 12:22 pm to
Nothing grey about it, hoss.
Posted by TexasTiger89
Houston, TX
Member since Feb 2005
24400 posts
Posted on 4/3/14 at 12:22 pm to
In Texas, you can pull your gun out and pull the trigger.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134990 posts
Posted on 4/3/14 at 12:24 pm to
quote:

It really isn't a debate if it is legal, because it is legal. The debate on morality, I can see your point. (not really)


If you want to put yourself in front of 12 morons that weren't able to get out of jury duty and trust their interpretation of the law, by all means, go right ahead.
Posted by GrammarKnotsi
Member since Feb 2013
9400 posts
Posted on 4/3/14 at 12:24 pm to
quote:

Nothing grey about it, hoss.



quote:

reasonably believes


This is grey...We obviously do not "reasonably believe" the same things...
Posted by Clames
Member since Oct 2010
16645 posts
Posted on 4/3/14 at 12:27 pm to
Fortunately there is a wealth of case history that would support the OP and your opinion on the matter is largely irrelevant.
Posted by StripedSaint
Member since Jun 2011
2385 posts
Posted on 4/3/14 at 12:28 pm to
quote:

If you want to put yourself in front of 12 morons that weren't able to get out of jury duty and trust their interpretation of the law, by all means, go right ahead.


If you shot a person that was brandishing a weapon towards another person and you have at least one witness and a video, you will not see a jury.
This post was edited on 4/3/14 at 12:30 pm
Posted by RedTigerRulz
BFE
Member since Oct 2013
15317 posts
Posted on 4/3/14 at 12:30 pm to
quote:

Simply brandishing a weapon is not grounds to shoot


Dumb...What the hell are you supposed to do?? Wait till the guy drops the clerk and then say... ok now I can shoot?

Lil late don't ya think???
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134990 posts
Posted on 4/3/14 at 12:30 pm to
quote:

If you shot a person that was brandishing a weapon towards another person and you shot them and you have at least one witness and a video, you will not see a jury.


Maybe so, but I would never count on that as an absolute. Weird things happen and very seldom are things cut and dry.
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