Legal Question in Criminal Law in Louisiana
My vehicle was recently robbed, they stole, ironically enough, my radar detector. I was told that in Louisiana it's a right to confront state, meaning if someone is on your property you have a right to confront (meaning you don't have to run away) and if you then feel threatened you can shoot to kill. Basically, if I catch someone breaking into my truck can I confront them with a gun? I wouldn't shoot unless threatened but considering it's dark and I wouldn't know for sure what they would have in their hand or if they'd make a move towards me, I would be very likely to shoot this person. My truck is very close to my front door and I would want to shoot to defend my family. What are the self defense rights in my state? Thanks!
1 Answer from Attorneys
You do have the right to defend yourself against intruders and you do have the right to arm yourself when defending your property. However, you cannot use deadly force unless you REASONABLY feel that your life or someone else's life is being threatened. You can't use deadly force to protect property only. So, in other words, you may arm yourself with a gun to protect yourself to confront someone breaking into your car, but you can't use that weapon to shoot the thief in the back if nobody's life is reasonably being threatened.
Just about anytime an intruder is in your home, you are justified in using deadly force. It is always reasonable to assume that an intruder into your home is a threat to your life. However, if you come upon someone in your car (and nobody is in it), you can't just open fire to protect your property.
I would suggest that you take a gun safety class, or a concealed weapons course. There is one close to New Orleans that I took called TNT Concealed Carry that is run by a State Trooper who is very knowledgable and helpful. They are online at http://www.tntccc.com. If you have no criminal history and qualify for a concealed weapons permit, you will be eligible for a permit after taking the class.
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