A bit hazy on Louisiana's 'Stand Your Ground' law......

[Panoply]

I'm hoping of the many members here, one of y'all is also blessed and so beloved of God as to have been born in Louisiana :jester: I am curious as to how this law works here. It is, in my considered opinion, very wise. Without it, the physically strong could dominate and monopolize public spaces.

My question is under what circumstances could this law be 'triggered' (pardon the pun)? In a public parking lot, while he was keying your car? Or threatening to do so? ANY clarification would be much appreciated!

THANKS!

Pano

 

[markbrown47]

Read Louisiana RS 14:19 and RS 14:20. Basicly no. 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. This comes from LA RS 14:20 A(1). Does not mention proctecting property unless you are inside house, vechicle, etc and someone enters unlawfully.

 

[kelcarry]

Read Louisiana RS 14:19 and RS 14:20. Basicly no. 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. This comes from LA RS 14:20 A(1). Does not mention proctecting property unless you are inside house, vechicle, etc and someone enters unlawfully.

That is it in a nutshell. "Presumption of imminent danger of death or great bodily injury" unless Castle Doctrine comes into play where your occupied house and car are already considered a presumption of imminent danger and do not require any further thought process as to "am I in danger or not". I was taught that you do not seek out nor run towards anything that could eventually end up becoming imminent danger--you evade, hide, run from or use situational awareness as a precursor (you do not go to places and do things that common sense tells you could lead to a problem or a "what if". Your example of your car being "keyed"----if you approach with your firearm already out, you are brandishing and in many if not most states this is illegal; if you approach for the obvious reason that vandalism is being committed on your property and the BG yells and screams this is not imminent danger and once again if you bring out your firearm it is brandishing; if he pulls a knife or a firearm, when you ask him what the hell he thinks he is doing, you are now in imminent danger and all bets are off---the problem here is the idea that all you want is for some idiot to leave your car alone and stop vandalizing it, but in the process you have initiated the contact--now it could become a problem if he is shot or killed. Be a bystander and think about it--"I watched this guy shoot and kill someone over scratches on a car and he never bothered to even call 911 before he confronted this poor sick vandal'. Just my thoughts. Always a tough decision when it comes to initiating something over property.