Unknown trouble??

[GunAddict]

A week or so ago I was talking with the father of my daughters friend. We were talking different things and guns come up. He told me he was in a store a couple of weeks back buying some ammo and a deputy was there also. According to his conversation with the deputy, he was told that if he was in his home and a burglar broke inside and he shot him, that he would be arrested and taken to jail for defending his home. I told him that was BS. Louisiana has the shoot the burglar law and unless you shot him in the back there should be no reason for an arrest/jail. Now yesterday I was talking to another friend and I told him about that conversation and he said yes you would be arrested and taken to jail, and it would take going to the state supreme court to get it dismissed or overturned. I ask under what reasoning and he said because if you had a minor in the home. Guns in the home with a minor would get you arrested and it would be even worse with guns in the home other than shotguns or regular hunting rifles. And handguns included.
I call BS on this, but if true, what in the hell has happened to Louisiana?? It's time to move to another state, or at least another parish where the leo's have not been brainwashed into JBT's.
Has anyone else heard or been told anything like this??

I guess they are looking for anyway possible to take your rights.

 

[SeventhSon]

I call "Ultimate BS" on that one. What the hell does having a minor in your home have to do with anything? Most of the LEO's I speak with are good guys. A few are just ass clowns, (just like any other profession in the world).

 

[Nolacopusmc]

I think your friends are just mis informed. i am not saying you might not take a ride depending on the leo's interpretation of the scene, but in the end, you would be OK, all other things being equal.

of course you can have guns in your home asd long as they are not accessable to a minor. they must be secured.

 

[Jimmy Dean]

OMG. I agree with NolaCop......hell hath frozen over....

From what I understand, sometimes they'll tell you to have a good night, sometimes though you will still take a ride, maybe get booked, and they'll let the DA sort it out in the morning.

 

[spanky]

I'm sure you'll take a ride but for it to "go to the supreme court" is crazy.

 

[SeventhSon]

I fully expect to take a ride if I had to shoot someone in defense of myself, family or home. I would not expect an LEO to shake my hand and let me go back to bed. I dont see me having to go to the State Supreme Court to clear my name though.

 

[yamarider450]

hey seabeevet what unit iam in nmcb28

 

[SeventhSon]

hey seabeevet what unit iam in nmcb28

I use to be in SU3 and then the 28th but got out a while back.

 

[bvfd920]

I think you guys are right, and from the local cases i have heard about, you might go to the police station in cuffs until the DA sorts it out and clears you of any charges. That's what happened to the guy who helped defend the BRPD officer at the Auto Zone on Greenweel Springs a few years ago. He was arrested (temporarily) then released by the DA for justifiable homicide.

 

[yamarider450]

i have been in 28 since 2000

 

[Nolacopusmc]

If nothing else, you will probably be brought back to the detective bureau in order for them to get a statement.

I-lawyer in tow of course.

 

[SeventhSon]

i have been in 28 since 2000

Well hell, we probably knew each other. I was in the reserves for the last few years I was in. We transfered from Support Unit 3 over to the 28th after we de-comed.

 

[GunAddict]

of course you can have guns in your home asd long as they are not accessable to a minor. they must be secured.[/quote]


Nola, I have never even heard of that, at least not in this state.

I know states like commiefornia, jersey, and others have that, but if there secured, what are you gonna do in the event of a break-in?? Tell the perp to hold on while you un-lock your weapon. My youngest now is 16 and if she is left at home alone for any length of time, she is armed, AND knows how to use it.

 

[yamarider450]

where you in det 6? Or did you drill at gulfport?

Well hell, we probably knew each other. I was in the reserves for the last few years I was in. We transfered from Support Unit 3 over to the 28th after we de-comed.

 

[SeventhSon]

where you in det 6? Or did you drill at gulfport?

I drilled in Gulfport.

 

[dantheman]

How is it law enforcment officers have such a varied interpretation of the law ? What the hell are they teaching these guys ? Or more importantly , what are they NOT teaching ? Idiot's like that have no business wearing a badge if they have that little of an understanding of the laws they are supposed to be enforcing . Geeezz .

 

[Nick]

of course you can have guns in your home asd long as they are not accessable to a minor. they must be secured.

can you clarify this statement? Last I checked there is nothing requiring you to secure your firearms from minors. I'm not saying that it's a good idea to have unsecured weapons around minors, just that there is no law that I am aware of requiring it. IIRC this was even one of the Brady Bunch's talking points for giving La. such a low grade.

 

[GunAddict]

If nothing else, you will probably be brought back to the detective bureau in order for them to get a statement.

I-lawyer in tow of course.

That, I would expect. Of course you would go and make statements etc., but the way he was talking is that it would be almost permanent. Then have to get supreme to clear you.

Should be like this tho', bad guy breaks in, evidence of door busted, he makes it to a hallway where he is dropped. Call 911 and let them send unit out, tell them what happened, they call the meat wagon and take notes, tell you to come to station next day to make statements, then leave wishing you a good nite.

I guess if we ever get our country back, it may return to this common sense method.

 

[dantheman]

If I remember correctly , there have been cases of homeowners shooting an intruder and the local D.A. declined to seek any charges .

 

[Nolacopusmc]

How is it law enforcment officers have such a varied interpretation of the law ? What the hell are they teaching these guys ? Or more importantly , what are they NOT teaching ? Idiot's like that have no business wearing a badge if they have that little of an understanding of the laws they are supposed to be enforcing . Geeezz .

Its not a varied interpretation of the law, it is an interpretation of the scene, evidence, and circumstances. Everyone who shoots someone says it is self-defense. They may begin the investigation without booking him, or they may cut a warrant later if they feel the need.

Remember, when you pull the trigger, for any reason, legally you have committed homicide. Justifiable is an exception. Normally a DA will see that, but if not, you are not pleading not-guilty to homicide, you are pleading on the justification of self-defense.

Secondly, the leo will simply collect the evidence. The d\DA will decide if charges are warranted or not.