Stolen MC Situation

[BRLAShooter]

Okay. Hypothetical Situation Time. WHATIF:

I'm at home. I have two motorcycles parked outside of my apartment. I have an alarm with a two way pager, so I know when the alarm is going off on the bike. The pager starts to go off, and I go outside of MY apartment with my gun and see perps attempting to steal my bike(s). Now, I'm not on them/in my car, but I AM defending my property.

Is Lethal Force legally allowed?

I know I can't empty multiple mags into a dead body or anything like that, but, assuming I'm a good enough marksman to hit a target at 12-15 ft, and I land 2-3 shots, I ASSUME lethal force is acceptable, but, what say you?

I bring this up because, on another board, most of yall probably know, and I know some ppl here are members there, I've seen quite a few stolen bikes lately, as well as threads about 'What I'd do if I caught the guys'. iToughguy stuff, but still, what would be the legalities concerning Use of Lethal Force to defend my motorcycles?

 

[Speedlace]

Okay. Hypothetical Situation Time. WHATIF:

I'm at home. I have two motorcycles parked outside of my apartment. I have an alarm with a two way pager, so I know when the alarm is going off on the bike. The pager starts to go off, and I go outside of MY apartment with my gun and see perps attempting to steal my bike(s). Now, I'm not on them/in my car, but I AM defending my property.

Is Lethal Force legally allowed?

I know I can't empty multiple mags into a dead body or anything like that, but, assuming I'm a good enough marksman to hit a target at 12-15 ft, and I land 2-3 shots, I ASSUME lethal force is acceptable, but, what say you?

You'd be going to parish prison.

You cannot use lethal force to protect property in Louisiana.

 

[BRLAShooter]

Sooo... I let them run off with my MC, Call the cops, and WAIT for EBRSO to track down the bikes that have already been chopped up?

That's a sucky way to spend my time

 

[Speedlace]

Sooo... I let them run off with my MC, Call the cops, and WAIT for EBRSO to track down the bikes that have already been chopped up?

That's a sucky way to spend my time

Basically.
You can follow them.

We don't live in Texas where someone can use deadly force to stop the theft of property.

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

 

[Barney88PDC]

Or shoot them and go to prison. The law posted in a recient thread pertains to a person inside of a vehicle. If you go into the store and see someone stealing your car/truck and you draw down and hit them you are in the wrong.

Now I think that is total BS back in the day you caught a man stealing your horse you could use deadly force. Well in todays day and age we us cars/trucks for transportation so I think you should be allowed to but as it is written you have to stand there with your pecker in your hand a wave by-by to your vechicle. If you are INSIDE your vechicle and they try to rob / carjack you, you are justified in using lethal force.

 

[spanky]

You absolutely cannot use lethal force to protect property outside of your home.

Now if they have a weapon and come towards you then all bets are off.

 

[Speedlace]

Old threads, good reads.
http://bayoushooter.com/forums/showthread.php?t=3073
http://bayoushooter.com/forums/showthread.php?t=12460

 

[BRLAShooter]

Florida allows use of lethal force to protect personal property as well. Just FYI

 

[Speedlace]

Florida allows use of lethal force to protect personal property as well. Just FYI

Never heard that.

Got an legistaltion or statutes?

 

[spanky]

Florida has stand your ground but I am unaware legality of lethal force in protection of property.

 

[FishingBack]

Anybody think a good opportunity to get this law changed will come up?

Being that LA is a pro-gun state and all...and we followed with the castle law...

 

[Dennis]

HOW ABOUT CALLING THE POLICE & DETAIN THEM UNTIL THE POLICE ARRIVE? i MIGHT BE WRONG BUT JUST A THOUGH INSTEAD OF PRISON.

 

[Manimal]

Louisiana Castile laws suck compared to Texas and Florida, we have Castile lite.

 

[topgunz1]

citizens can make an "arrest" for felonies in progress. detain and call LEO if safe to do so. Otherwise run 'em off, get a good description and call leo.

 

[kdick3]

Can you draw to keep them there while you detain them, I mean, how else would you detain someone trying to steal your MC?

Scream, "Hey you, right there, stealing my motorcycle! Get on the ground and wait for me to get back, I'm going to get my handcuffs and call the Police!"

I'm sure I'm about to get reemed for asking that, because I'm sure there's some law somewhere stating that you can't threaten the use of deadly force on criminals. If there is that's a pretty crappy law if you ask me.

 

[bs875]

1. Get a good look at them if possible.

2. Fire a shot into the ground (not pave).

3. Yell, "Freeze! Get on the ground! Get on the f!@#ing ground!".

4. Hold them at gunpoint until the cops show up or watch as they run off. You can't shoot them just for trying to steal your stuff.

That's what I would do but I'm not a lawyer.

 

[Nick]

Now if they have a weapon and come towards you then all bets are off.

and boy would it be a shame if that (insert some inanimate object) in his hand looked just like a gun pointed at you in the dark.... I'm just saying..... hypothetically of course.....

 

[flamatrix99]

No warning shots!

 

[spanky]

1. Get a good look at them if possible.

2. Fire a shot into the ground (not pave).

3. Yell, "Freeze! Get on the ground! Get on the f!@#ing ground!".

4. Hold them at gunpoint until the cops show up or watch as they run off. You can't shoot them just for trying to steal your stuff.

That's what I would do but I'm not a lawyer.

worst advice ever.

 

[kdick3]

and boy would it be a shame if that (insert some inanimate object) in his hand looked just like a gun pointed at you in the dark.... I'm just saying..... hypothetically of course.....

You mean like the stick you found on the ground and placed it in his hand after the fact?

Just kidding of course.