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Started By
Message
re: Harassment on a Local Lake
Posted on 2/2/23 at 7:24 pm to Roy Curado
Posted on 2/2/23 at 7:24 pm to Roy Curado
And Roy’s answer will get someone killed 9/10 times. This is the stupid private spots on public lakes bullshite once again.
As state law exist right now if you are in good faith fear of your safety you have every right to take out an AK-47 and light him up. It’s called “stand your ground” law and it also applies to boats, cars, ATVs, horseback etc .
It sounds like he is unstable and you need to inform local enforcement what has occurring and that you feel threatened and in fear of your safety, etc. and intend to invoke your rights under stand your ground laws and you want all this documented, and that he needs to be informed he doesn’t have private property rights to a public fishing rights.
Or you can post those numbers everywhere on social media and handle it that way.
As state law exist right now if you are in good faith fear of your safety you have every right to take out an AK-47 and light him up. It’s called “stand your ground” law and it also applies to boats, cars, ATVs, horseback etc .
It sounds like he is unstable and you need to inform local enforcement what has occurring and that you feel threatened and in fear of your safety, etc. and intend to invoke your rights under stand your ground laws and you want all this documented, and that he needs to be informed he doesn’t have private property rights to a public fishing rights.
Or you can post those numbers everywhere on social media and handle it that way.
1
Posted on 2/2/23 at 7:25 pm to TutHillTiger
In Louisiana:
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.
1. Your Location is Important
The stand your ground law covers attacks or intrusions in three distinct locations. They must take place where you are legally allowed to be: in a home, at a place of business, or in a vehicle. There are even certain provisions that allow for someone to use this law if confronted in a public space.
This means someone cannot claim this defense if they are trespassing or otherwise at a location they do not have permission to be.
2. You Believe You Are in Imminent Danger
The next condition to this law is the belief you are in imminent danger. Simply put, you are afraid for your life. You believe the assailant or intruder intends to do extreme bodily harm to you or someone around you. The law also covers force used in an attempted robbery.
This can be by verbal threat, physical threat, or an actual ongoing assault. However, it cannot be a situation where you were the original aggressor. If someone starts a fight, then begins to lose that fight, the law does not protect them if they continue to hurt or kill the other party.
It is easy for things to get out of hand. Before you find yourself in legal trouble, learn how to avoid a disorderly conduct charge.
3. You Believe Deadly Force Is Necessary to Protect Yourself
In addition to fearing for your life, the stand your ground provision states you felt the only way to protect yourself was to use deadly force.
This means that in the moment there were no other options available to diffuse the situation. You are entitled and allowed to protect what is yours by justifiable homicide.
Having such an encounter can cause trauma or PTSD. It is important to seek help to move past this violent event.
4. That Belief Must Be Reasonable
The key to using this defense successfully hinges on the word reasonable.
The law provides reasonable belief as consistent with being lawfully at a place and feeling in immediate danger with the response to that danger being deadly force.
On another note, if the intruder has retreated or is trying to get away, it would be then be seen as unreasonable for you to continue with your attack. You are not allowed to chase someone in anger and then claim defense under stand your ground.
5. You Do Not Have to Retreat, Even If Able
While a self-defense claim cannot be used if there was a possible escape, in a stand your ground defense you do not have to retreat.
If you are in your Baton Rouge home and an intruder comes in through the back door, you are allowed to defend that home even if you have the option to run out the front door.
You do not have to retreat. You can legally confront the intruder and use force to stop the crime from being committed.
6. You Were Not Committing Any Illegal Acts
Another important fact to remember is that you cannot use this law to offer protection if you were committing an illegal act at the time.
This means someone involved in a drug deal that goes wrong cannot shoot their way out of the situation and then claim the stand your ground law. There has to be no illegal activity on the part of the victim.
Disputes can erupt and escalate quickly. If you caused damage to another’s property you could be facing simple criminal damage to property.
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.
1. Your Location is Important
The stand your ground law covers attacks or intrusions in three distinct locations. They must take place where you are legally allowed to be: in a home, at a place of business, or in a vehicle. There are even certain provisions that allow for someone to use this law if confronted in a public space.
This means someone cannot claim this defense if they are trespassing or otherwise at a location they do not have permission to be.
2. You Believe You Are in Imminent Danger
The next condition to this law is the belief you are in imminent danger. Simply put, you are afraid for your life. You believe the assailant or intruder intends to do extreme bodily harm to you or someone around you. The law also covers force used in an attempted robbery.
This can be by verbal threat, physical threat, or an actual ongoing assault. However, it cannot be a situation where you were the original aggressor. If someone starts a fight, then begins to lose that fight, the law does not protect them if they continue to hurt or kill the other party.
It is easy for things to get out of hand. Before you find yourself in legal trouble, learn how to avoid a disorderly conduct charge.
3. You Believe Deadly Force Is Necessary to Protect Yourself
In addition to fearing for your life, the stand your ground provision states you felt the only way to protect yourself was to use deadly force.
This means that in the moment there were no other options available to diffuse the situation. You are entitled and allowed to protect what is yours by justifiable homicide.
Having such an encounter can cause trauma or PTSD. It is important to seek help to move past this violent event.
4. That Belief Must Be Reasonable
The key to using this defense successfully hinges on the word reasonable.
The law provides reasonable belief as consistent with being lawfully at a place and feeling in immediate danger with the response to that danger being deadly force.
On another note, if the intruder has retreated or is trying to get away, it would be then be seen as unreasonable for you to continue with your attack. You are not allowed to chase someone in anger and then claim defense under stand your ground.
5. You Do Not Have to Retreat, Even If Able
While a self-defense claim cannot be used if there was a possible escape, in a stand your ground defense you do not have to retreat.
If you are in your Baton Rouge home and an intruder comes in through the back door, you are allowed to defend that home even if you have the option to run out the front door.
You do not have to retreat. You can legally confront the intruder and use force to stop the crime from being committed.
6. You Were Not Committing Any Illegal Acts
Another important fact to remember is that you cannot use this law to offer protection if you were committing an illegal act at the time.
This means someone involved in a drug deal that goes wrong cannot shoot their way out of the situation and then claim the stand your ground law. There has to be no illegal activity on the part of the victim.
Disputes can erupt and escalate quickly. If you caused damage to another’s property you could be facing simple criminal damage to property.
This post was edited on 2/2/23 at 7:28 pm
Posted on 2/2/23 at 7:30 pm to TutHillTiger
Here is the exact law:
Louisiana Revised Statue: 14:20
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.
Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.
Louisiana Revised Statue: 14:20
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.
Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.
Posted on 2/3/23 at 10:56 am to Bussemer
quote:
Mark them with little fish icons on the public Navionics App
"Biggun"
"25 lb sack"
"Limit"
etc.
I can't believe people do this not knowing everyone can see it. lol
Posted on 2/16/23 at 1:16 pm to bbarras85
Not a big freshwater fisherman but this thread was awesome. Any updates?
Posted on 2/16/23 at 6:50 pm to Pooswa
I hadn't really been hitting the flats much the last two weeks, but Everyone else has been. They had the Fishers of Men tournament this past Saturday and I didn't want to get in the way of those 80+ boats Pre-fishing.
I'd assume everyone was on their best behavior day of, and leading up to, the tournament.
I'd assume everyone was on their best behavior day of, and leading up to, the tournament.
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