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Started By
Message
re: Qualified Immunity for Concealed Permit Holders?
Posted on 2/21/24 at 3:54 pm to Jack Bauers HnK
Posted on 2/21/24 at 3:54 pm to Jack Bauers HnK
quote:
I’m not sure why you think criminal statutes are relevant to a civil lawsuit:
Those statutes provide a presumption of reasonable behavior when the elements for justifiable homicide are met.
That presumption of reasonableness would prevent the application of comparative fault in a wrongful death type suit--considering that the negligence standard is what would be applied in any civil suit.
ETA: Ahh, credit to user Havoc for making this point for me already:
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.
This post was edited on 2/21/24 at 3:56 pm
0
Posted on 2/21/24 at 3:56 pm to LSUbest
quote:
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.
Explain how I'm wrong?
Posted on 2/21/24 at 3:57 pm to TBoy
quote:
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.
I'm a pretty adamant 2AM supporter. I don't know if this bill is even necessary much less a good move.
quote:
Proposed law prohibits liability from being imposed on any authorized person based upon his conduct or actions in relation to the ownership, possession, use, or carrying of a concealed handgun.
Exceptions to proposed law for gross negligence or intentional misconduct or that result in a valid and final felony conviction.
LINK
Always have to think about things from a rational but negative extension.
I'm sure there's plenty of assholes out there with a CCP.
There is already pretty strong law protecting justifiable use of force.
Law seems extremely broad.
Need to read up on this some more.
Posted on 2/21/24 at 3:57 pm to Flats
quote:
quote:
..you should think very carefully before discharging your weapon in public in the direction of another citizen or citizens.
So should law enforcement.
Agreed...QI has been applied too liberally.
Posted on 2/21/24 at 3:57 pm to LSUbest
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?
No. You're authorized to use deadly force in the situations addressed by those statutes.
Now, if you use a 155mm howitzer to kill an intruder or carjacker and you end up blowing up three houses across the street, you've probably crossed the common sense/reasonableness threshold. But you are free to use your buckshot or other legal ammunition.
This post was edited on 2/21/24 at 4:00 pm
Posted on 2/21/24 at 4:01 pm to Dex Morgan
quote:
No one should have qualified immunity. Especially not cops who are supposed to be professionals.
That is just silly and short-sighted.
Posted on 2/21/24 at 4:09 pm to Flats
We can agree to disagree on this, without no ones (your) feelings getting hurt? Right?
Posted on 2/21/24 at 4:10 pm to Indefatigable
quote:
That is just silly and short-sighted
Really? Why should the tax payers be the one paying the debt because some dumb cops couldn't take a few seconds to verify an address and shoot an innocent homeowner? Or why should we pay the debt of a cop who tackles a grandma with dementia and ends up breaking her arm and laughing about it (yes, really happened in Colorado). No, bankrupt their pension to pay out the damages. If that isn't enough, go after their personal property. That's the only way this madness ends.
Posted on 2/21/24 at 4:28 pm to RaginCajunz
Can’t see this going south.
Posted on 2/21/24 at 4:53 pm to Dex Morgan
quote:
Why should the tax payers be the one paying the debt because some dumb cops couldn't take a few seconds to verify an address and shoot an innocent homeowner? Or why should we pay the debt of a cop who tackles a grandma with dementia and ends up breaking her arm and laughing about it (yes, really happened in Colorado)
So your argument against qualified immunity are very rare exceptions to the norm?
Posted on 2/21/24 at 5:26 pm to Indefatigable
quote:
So your argument against qualified immunity are very rare exceptions to the norm?
It isn't rare at all. We get dozens of news stories every week of cops doing terrible things.
Posted on 2/21/24 at 5:27 pm to RaginCajunz
quote:
One proposal gives concealed carry license holders a level of qualified immunity currently reserved for law enforcement and other government agents.
Support
Posted on 2/21/24 at 6:56 pm to deltaland
Posted on 2/21/24 at 8:34 pm to Dex Morgan
quote:
It isn't rare at all. We get dozens of news stories every week of cops doing terrible things.
Right. So in a nation of 350,000,000 and hundreds of thousands of daily police interactions, you are in fact basing your opinion on a very very small portion of incidents.
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