If NOLA residents had fired on home invading troops; legal ramifications?

[Kentak]

Look folks,

As much as we may not like it; as much as we believe it's wrong; the fact is that safety forces and government are given a lot of leeway and extraordinary powers in a state of declared emergency. To engage those forces in a gun battle is going to end only one way--with you dead or imprisoned for a long, long time. Now, if your principles are worth that to you, and if you can live will possibly killing some schmuck that was doing his job, fine for you. Keep in mind, that those folks that did turn over their weapons are alive and well today, and will either get their weapons back eventually, or are free to acquire more.

Giving up my guns might have left me exposed to the *chance* of criminal victimization, but resisting would have guaranteed me being a victim of the state and made a criminal.

K

 

[Kentak]

And all these posts about how this or that tactic would have defeated the JBTs begs the question, "And then what?" Do people think five minutes ahead of their next six-pack?

K

 

[rbernie]

What I saw of NOLA didnt look like an armored patrol or even a RIF. It looked like a bunch of lightly armored SWAT guys kicking doors and being pricks.

In other words - guys who like being 'tactical' and don't care who's on the other end of their MP5/M4. How do you think they'll take to being shot at?

Sorry - there is too much testosterone at play in that scenario for a lone actor in a wood frame house to have much opportunity to drive off the door-kickers and keep them from coming back.

If they start getting shot, how many firefights can they send reinforcements to? How many wounded JBTs can they treat for gunshot wounds in a flooded city with no hospitals?

You start shooting at LEOs in that kind of situation and I'm pretty darn sure that anyone within travel distance is gonna be on your doorstep. Either they're gonna converge out of a sense of duty (fellow officers in trouble) or they're gonna come out of a bloodlust (action! at last!), but come they will. And relying upon the emotions of the moment to NOT cloud their judgement when you decide to surrender before they complete the inevitable assault, well, good luck with all that.

I give good odds to the guy hiding in a concrete house with a G3. Element of surprise + 308 = dead intruders.

Well, best I can tell NO has precious few concrete bunkers. Most of what I saw in the flooded wards were clapboard wood frame structures with too many indefensible approaches and entrances.

You can only find so many ways to secure your front, rear, and flanks. I have serious doubts that many, if any, houses in NO provided the kind of cover needed for a single armed and determined individual to hold off a small team of trained door-kickers no matter how legally correct said individual might be.

I still say that it's a losing proposition unless you can establish and secure a neighborhood perimeter. Once they're in your clapboard house - you're toast.

And all these posts about how this or that tactic would have defeated the JBTs begs the question, "And then what?" Do people think five minutes ahead of their next six-pack?

Eh - that a bit harsh. Most folks that talk tough have never been on the wrong end of a deadly weapon and really don't know HOW life-altering that is. That doesn't make them stupid - just unaware.

 

[AirForceShooter]

I never said shoot.
The most intimadating thing in the world is Silence.

AFS

 

[Optical Serenity]

Kinda funny how the chest thumping arm chair commandos here are...

While you guys like to hate on anything related to government or law enforcement, keep in mind that these guys were acting on orders, and all these LEOs, soldiers, what have you, were in NOLA to aid and help.

A lot of things went wrong during the NOLA incident, but you know what, going around killing cops and soldiers certainly wouldn't have added to the positive efforts.

 

[Malum Prohibitum]

Right to Resist Unlawful Arrest

Is there a right to resist unlawful arrest in Louisiana? That is the minority rule today.

Oh, by the way, the John Bad Elk case cited on page one is no longer good law. None of the federal courts recognize a right to resist unlawful arrest anymore, even though a minority of state courts do. All courts (state and federal) recognize a right to resist excessive force.

Is it unlawful in Louisiana when the law, up until June of 2006 (that's this month) allowed the Governor to seize weapons?

When I ask, is it unlawful, I am not asking in some sense whether it violates the Second Amendment. Rather, from the perspective of the Judge reviewing your case, was the officer's act pursuant to an order of the Governor during a time of emergency and under a statute authorizing just such a measure, illegal?

With a dead officer, the Judge is unlikely to give the benefit of the doubt to the "gun nut." Even in the states that recognize a right to resist unlawful arrest (and I express no opinion on whether Louisiana is one of them), the circumstances where the arrest is unlawful are rare - and the modern cases rarely involve shooting. Usually it is something more like running or wrestling.

Well, there is my humble analysis of the subject.

 

[Sindawe]

While you guys like to hate on anything related to government or law enforcement, keep in mind that these guys were acting on orders, and all these LEOs, soldiers, what have you, were in NOLA to aid and help.

Yeppers. Remember, those people with the black and camo outfits, fancy guns and the like are from the government, and are there to HELP you even if you don't think you need their help.

This is where you need neighbors with guns.
They hit your door and from behind them there is the sound of bolts being shoved home, Mossberg 500 slides being racked and when they turn around there are about 20 armed people just standing there.
It all ends there.
The power of the masses at work.

AirForceShooter gets it crystal clear. A lone resident shooting gun-grabbing "authorities" will be painted as a nut-case by MSM. A neighborhood group may also be painted as loons, but they stand a much better chance of successfully repelling the criminals who happen to wear a badge.

 

[Malum Prohibitum]

Orders!!??? That makes a difference how?.

Just in the way I posted above. Orders, pursuant to a statute authorizing the Governor to give just such an order . . .

 

[Art Eatman]

Terrible signal to noise ratio here...

Enuf.