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Started By
Message
re: Qualified Immunity for Concealed Permit Holders?
Posted on 2/21/24 at 2:23 pm to cutigersfan
Posted on 2/21/24 at 2:23 pm to cutigersfan
quote:
Aren't all Marines infantry first, MOS secondary ?
I think, but crayon eater may come in 2nd
0
Posted on 2/21/24 at 2:24 pm to RaginCajunz
quote:
Let everyone carry concealed as god intended. Fix the law to protect everyone from frivolous lawsuits.
As long as those protections never extend to a criminal.
quote:
The CC permit class isn't some master class that teaches you perfect judgement in bad situations.
It's more than just a class, permit holders also have to undergo an extensive criminal background check and submit fingerprints to the FBI.
As far as perfect judgement.....there's no such thing as a good kill. There is only a reasonable decision. And there is a lot of help available with that.
If you're going to carry and you're going to use it but you don't prepare for the situation, leave it at home.
There is a lot of help available with that.
Posted on 2/21/24 at 2:27 pm to LSUbest
quote:
Lay out what's wrong with protecting me from a civil lawsuit for a "good" kill.
If you have a "good" kill you don't need qualified immunity. Qualified immunity would protect you individually if you were negligent or made a "mistake" that resulted in a "bad" kill. You're not a member of the government carrying out a governmental function. You shouldn't have qualified immunity...you should think very carefully before discharging your weapon in public in the direction of another citizen or citizens.
Posted on 2/21/24 at 2:28 pm to cutigersfan
quote:
Aren't all Marines infantry first, MOS secondary ?
Every Marine is a rifleman first, not infantry.
Posted on 2/21/24 at 2:30 pm to SlidellCajun
quote:
If you do not have conceal carry permit, you’ll have no protection from being found civilly liable for shooting someone.
False.
La Law already provides various legal protections for use in home, or vehicle, or even in standard self defense situations.
Posted on 2/21/24 at 2:30 pm to Indefatigable
quote:
RS 14:19 and 14:20
That's criminal code - No?
You have the right to use force to prevent unlawful entry in Louisiana. 14:19 A(b)(i)
Posted on 2/21/24 at 2:30 pm to cwill
quote:
..you should think very carefully before discharging your weapon in public in the direction of another citizen or citizens.
So should law enforcement.
Posted on 2/21/24 at 2:33 pm to Indefatigable
quote:
There should be plenty of examples of that happening under current law then.
There should be. I described the procedure through which a civil defendant would have to go in resolving a civil claim against him for self defense with a firearm. You previously offered criminal statutes for justifiable homicide and suggested the laws already protect such defendants. I’m not sure why you think criminal statutes are relevant to a civil lawsuit:
quote:
RS 14:19 and 14:20 for starters. I’m sure there are more along with jurisprudence if you care to look for it. You have the right to use force in defense of your selves or others in Louisiana.
Posted on 2/21/24 at 2:38 pm to Flats
6 of this, half dozen of that.
Posted on 2/21/24 at 2:39 pm to cwill
quote:
Qualified immunity would protect you individually if you were negligent or made a "mistake" that resulted in a "bad" kill.
As usual you're wrong.
Posted on 2/21/24 at 2:42 pm to MorningWood
quote:
Stand your ground protects you from criminal liability not civil they can still sue you and wether they win or not bankrupt you with legal fees
False, mostly.
§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 (self defense, non death) or 20 (Justifiable homicide) 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.
Posted on 2/21/24 at 2:50 pm to Havoc
quote:
§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 (self defense, non death) or 20 (Justifiable homicide) 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.
Thank you.
But could an attorney argue that my ammo was specifically designed to cause death and it was unreasonable and or unnecessary to use it on the victim?
Maybe that's where QI would cover more scenarios.
Posted on 2/21/24 at 2:52 pm to cutigersfan
quote:
6 of this, half dozen of that.
No.
Posted on 2/21/24 at 2:55 pm to LSUbest
quote:
Thank you.
It's important that all are knowledgeable of the law and the extent/limitations of it. That way if they ever have to make that split second decision, it can be made with some certainty and avoid dire hesitation.
quote:
But could an attorney argue that my ammo was specifically designed to cause death and it was unreasonable and or unnecessary to use it on the victim?
An attorney can argue anything. But they risk:
quote:
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
Posted on 2/21/24 at 3:02 pm to kingbob
quote:
What if the attempted murderer has a concealed carry permit? This is a dumb law.
The concern is that a hothead has a carry permit and he draws whenever he gets into an argument. If he has qualified immunity and the other person in the argument is dead, he walks every time.
People are crazy. Extend immunity to the general public with a concealed carry permit and this will be abused big time.
Posted on 2/21/24 at 3:09 pm to TBoy
Big time?
Idiot
Idiot
Posted on 2/21/24 at 3:18 pm to cutigersfan
quote:
I am an Army vet. I was just reading your post, and 1 thing caught my attention. Aren't all Marines infantry first, MOS secondary ?
Just like you guys have 11B we have 03s. School trained rifleman as my MOS 0311. And orange crayons are my favorite
Posted on 2/21/24 at 3:22 pm to RougeDawg
quote:
This law would tell the family to frick off.
The family would be told to frick off anyway in your hypo. This law in no way would stop someone from filing a lawsuit for millions.
Posted on 2/21/24 at 3:31 pm to Bamadiver
Criminals should have no right to sue victims at all. Criminals deserve punishment - not victims who must use a firearm in self-defense.
Posted on 2/21/24 at 3:54 pm to RaginCajunz
No one should have qualified immunity. Especially not cops who are supposed to be professionals. Currently, as someone who carries concealed, I am held to a higher degree of liability than a cop is if I make a bad shot. And the taxpayers won't be footing the bill for my mistake either. Bad cops face no consequences thanks to qualified immunity.
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