re: Exotic home defense rounds

quote:

---

not sure about your state but in Louisiana you cannot be sued in civil court in a justified homicide.

---

quote:

---

No one should listen to this complete nonsense.

Someone has to determine whether a homicide is justified. In a homicide, an attorney can file a wrongful death and intentional tort petition saying it wasn't justified and it's up to the trier of fact to determine whether it was. In the meantime, you'll be paying 300/hr for the next few years with little to no chance of recouping fees.

---

IANAL

1. Y'all are both right. But keep in mind that your La. permit is good in 3 dozen states. In some jurisdictions (think of George Zimmerman) there could be a gun-hating, politically driven district attorney/state attorney/prosecutor who will use anything in an attempt to convict you criminally. Same could happen in civil actions in places where liberals are likely to dominate the jury pool (like Minneapolis ?).

2. BUT, Louisiana does offer some protection. I haven't seen where these statutes have been tested in a suit, but La. RS 9:2800.10 and 9:2800.19 were written to help protect honest gun owners from being found liable for damages in civil proceedings.

§2800.19. Limitation of liability for use of force in defense of certain crimes

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.
B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.



§2800.10. Immunity from liability for injuries sustained while committing a felony offense

A. No person shall be liable for damages for injury, death, or loss sustained by a perpetrator of a felony offense during the commission of the offense or while fleeing the scene of the offense.
B. The provisions of this Section shall apply regardless of whether the injury, death, or loss was caused by an intentional or unintentional act or omission or a condition of property or a building. However, the provisions of this Section shall not apply if injury to or death of a perpetrator results from an intentional act involving the use of excessive force.
C. For purposes of this Section "damages" includes all general and special damages which may be recoverable for personal injury, death, or loss of or damage to property, including those otherwise recoverable in a survival or wrongful death action.


P.S. IANAL and I carry HST