Home defense.


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jmburton
August 4, 2007, 12:17 AM
Recently my truck was stollen from my drive way, in the middle of the night. I'm a bit pissed about the truck, but it's not the end of the world. just makes me see how easy and fast it can happen... Now, my wife is freaked out about the whole thing and doesnt feel safe in the house we just bought in this nice neighborhood. We want to get Some HD. So i just got a 9mm , took it out to the range and let loose. taught my wife and everything. but now i need some legal help. i'm looking up laws in louisiana . can;t find what i need in the part of if i shoot a guy because he's ruffin us up, will i go to jail... any other scenario you can come up with.

anyone got a good link i can check out?

thanks

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Bezoar
August 4, 2007, 12:37 AM
-See a lawyer who works in this area of law
-See police department for an information packet on self defense laws in your state
-Take a concealed pistol course if offered in your state to get the full scoop on self defense laws in your state.

Traditionally its been upheld that anyone can use a firearm to nuetralize someone that is trying to kill/cause great bodily injury that would cause death. This means that the robber who beats your wife with a fireplace poker while robbing your house can be shot until the threat is neutralized and the victim is safe.

However in more restrictive areas you would be forced to escape into a room, say closet, from wich you have no ability to escape. at that time you are stuck yelling loudly so the 911 operator can hear "stop get the hell out of here or ill shoot" a few dozen times, before the criminal breaks into room/closet and tries to kill you with his crowbar. At that time you are legally allowed (so far in most states) to legally neutralize the threat with with your handgun.

Remember, the attacker cant be shot after the threat in rendered null. IE if he is on the ground and you continue shooting him, youll be in trouble. Or if you have to get a second 33 round magazine youll be in trouble.

igpoobah
August 4, 2007, 12:39 AM
look up LA. laws on use of deadly force. I'd suggest taking a CCW class; you learn all the laws on use of deadly force, usually from a lawyer AND you'll be able to carry your weapon with you to boot.

GigaBuist
August 4, 2007, 01:07 AM
Take a CCW class. They'll nail it all for you. For what it's worth I came away with a very simple rule that fit Michigan's law: If they're going to put something in me we're a "go" for deadly force, and by "something" I mean bullet, ax, hammer, or their "man tackle."

That said I looked into your post history and it seems you've got some experience with shotguns, more so than than pistols. I'm not one to talk smack about choice of caliber or platform (I'm happy with a lever gun stoked with .38 special in my home), but considering that you've got a good handle on the shotgunning world you might want to bump that option up on your HD plan. Anybody unwilling to stop their actions while facing a 9mm pistol is an idiot -- being unwilling to stop their actions while facing a 12 or 20 gauge takes a special kind of idiot.

ArfinGreebly
August 4, 2007, 01:40 AM
If you look at the top right-hand corner of the forum pages, you will see a link to THR Library (http://thehighroad.org/library/) which has links to a number of gun law sites.

You should be able to get some insight into your state laws regarding self defense and your obligations under those rules.

Rexster
August 4, 2007, 01:44 AM
Louisiana law is very unique, based more on Napoleonic Code, so do please get local knowledge. Keep in mind that property crime stats are often quite high in the areas where your person is statistically quite safe. This is not a mystery; the thieves go where there is good stuff to steal. The people who stole the truck are extremely unlikely to be the type who will confront a live victim. BUT, an attack against your person CAN happen anywhere, so preparation is good. You had a wake-up call, so be awake.

Nomad101bc
August 4, 2007, 02:39 AM
try www.NRA.org and look in the state laws section. I am pretty sure Louisiana has castle doctrine if thats the case you can shoot a person even if its to defend property. I know even in liberal CT you can call it self defense if someone threatens your property and you use lethal force. However thats only in your own home in public things get a bit messier.

pax
August 4, 2007, 10:16 AM
Three must-read links:

1) http://www.handgunlaw.us/ -- gives state-specific laws about firearms and concealed carry in all 50 states.

2) http://www.useofforce.us/ -- a well-written article explaining the general limits of legal, lethal force within the United States.


3) http://www.corneredcat.com/Legal/AOJ.aspx - a somewhat shorter article than the one above, with a slightly different emphasis. Follow the link from that page to the one about legal myths.

pax

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