New Orleans teen shot in the head by man who thought he was burglar

reply to post by CosmicCitizen

The Castle defense law is rooted in common law and has stronger "footing" than Stand Your Ground; however, burglary is not a capital offense. The alleged burglar has to have entered your home and/or he is confronted as he is attempted to enter and you are afraid for your life (ie has a deadly weapon or is attacking you).

I’ve had a concealed license for nearly a decade and I thought I knew a lot about the subject of deadly force but I’ve learned a lot over the past few months that I didn’t know. I knew states like Oklahoma, Louisiana et al had reciprocity with my state (TEXAS) which allows me to carry when I travel there. Now I’m much more apprehensive. Texas laws are much more liberal than LA or OK! Check out 2a and 3b. These provisions IMO would have justified the actions of Mr. Landry.

Sec. 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.

www.texasgunlaws.org...

I always knew having a CHL was a huge responsibility but I'm not sure I even want to carry this weekend when I go to LA. I know I will but....I don't feel good about it. I haven't verified this news but I heard from a friend yesterday that Trayvon's mom is on a mission to not only change the stand your ground laws in Florida but she's also pushing for some type of national standard to this end. I'm not sure how that will jive with the 2nd amendment but (if true) this is yet another push to strip us of our rights.

reply to post by seabag


In LA. your car is an extension of your home.

So if you have a handgun in the car that"s yours its not a problem. Just like having one on the nightstand or whatever.

Even since you have a permit (and from TX) I don't think it would be a problem.

And don't forget you can always open carry. I have a cousin that lives in Houston and he loves it when he comes here because he wears his pistol around and thinks its awesome he can do that.

reply to post by Cancerwarrior

In LA. your car is an extension of your home.

So if you have a handgun in the car that"s yours its not a problem. Just like having one on the nightstand or whatever.

Even since you have a permit (and from TX) I don't think it would be a problem.

I know I can legally carry. My concern is with the legality of using it to defend myself. I don’t want to get cuffed and charged with 2nd degree murder for something that is totally legal in Texas.

And don't forget you can always open carry. I have a cousin that lives in Houston and he loves it when he comes here because he wears his pistol around and thinks its awesome he can do that

Open Carry is illegal in Texas…including in your vehicle….unless you’re on your own property.

The Basics
Q: Can I Open Carry in Texas (in Public)?
A: You can openly carry rifles and shotguns, but not handguns. A CHL is not needed to do this. However, you must do so in a manner not "calculated" to cause alarm; meaning you are carrying the rifle to purposely intimidate or scare people.

Q: Why Can't I Open Carry my Handgun in Texas (in Public)?
A: Texas has long had a prohibition on the open display of handguns. This dates back to the days of Cowboys in the "Wild West" era of the 1800s; contrary to public opinion.

Q: Can I Open Carry on my own Property?
A: Yes, you may carry openly on property that you own or that is directly under your control.

Q: Can I Open Carry on Private Land?
A: Yes and No. You can carry openly if you are in the act of hunting or directly en route to your residence which can include a motor vehicle. You cannot openly carry on property that is not yours, even if the owner gives you permission to do so.

Q: I have a CHL, can I Carry Openly?
A: At this time the CHL only enables you to carry concealed, but there is a bill in the legislature that would allow CHL holders the right to choose to carry openly.

www.texasgunlaws.org...

reply to post by seabag

Open Carry is illegal in Texas…including in your vehicle….unless you’re on your own property.

I was just saying its not illegal here is all.

reply to post by seabag

I haven't verified this news but I heard from a friend yesterday that Trayvon's mom is on a mission to not only change the stand your ground laws in Florida but she's also pushing for some type of national standard to this end.

I wouldn't count on that making much progress in Texas. The laws were passed not that long ago to allow concealed hand guns in vehicles because of the fuzzy idea of travel with hand guns. I don't think the legislature will want to change self defense laws.to be more lax.

reply to post by seabag


You can still have a handgun in your vehicle, you just cant have it on your person openly.

LA laws lets you have a weapon in your vehicle either way.

In LA, you can open carry. I think that's what he was talking about. You just cant have it in school zones.

You can also have a CWP in LA just as you can in TX.

reply to post by theRhenn

You can still have a handgun in your vehicle, you just cant have it on your person openly.

If your are talking about Texas, a handgun must be concealed in a vehicle, not just not on your person.

reply to post by roadgravel


I'm sorry, I meant to say across 2 counties.

Not in plain sight otherwise. But you can do so if you're crossing 2 counties.

Originally posted by theRhenn
reply to post by roadgravel

 

I'm sorry, I meant to say across 2 counties.

Not in plain sight otherwise. But you can do so if you're crossing 2 counties.

That's not rue either. That law was changed to clear up the 'traveler' idea of hand guns.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

Originally posted by roadgravel

Originally posted by theRhenn
reply to post by roadgravel

 

I'm sorry, I meant to say across 2 counties.

Not in plain sight otherwise. But you can do so if you're crossing 2 counties.

That's not rue either. That law was changed to clear up the 'traveler' idea of hand guns.

I think they're referring to LA not TX. I misunderstood when I replied.

You're right, there is no 'traveling' in TX and ANYONE who can legally own a firearm can carry in their vehicle IN TX but it must be concealed. I can't remember the House Bill number but it's been like that for several years now.

reply to post by roadgravel


I was not aware of that. Thanks for the update.

Originally posted by Cancerwarrior
reply to post by seabag

 

Open Carry is illegal in Texas…including in your vehicle….unless you’re on your own property.

I was just saying its not illegal here is all.

GOTCHA! I misunderstood you initially.

Personally, I don't like open carry. I don't mind if people do so legally but I would never do it. I prefer the anonymity of concealed carry.

reply to post by seabag

House Bill 1815, Sept 2007

reply to post by seabag

Personally, I don't like open carry. I don't mind if people do so legally but I would never do it. I prefer the anonymity of concealed carry.

I hear you.

You have to think about one thing though, if you could physically see that people were armed around you, how likely would you be to commit a crime in their presence?

That's actually one of the reasons that the "wild west" was not so wild. Everyone was armed.

Just alot of embellishments from early 20th century authors like E.B. Cummings and the like have made the Wild west out to be some type of non stop gangsta style shootout.

The shooting of a 14-year-old boy has raised many questions, but legal experts say that in a court of law the case will boil down to whether the homeowner who pulled the trigger felt that his life was in "imminent danger," even though the victim had come past a locked gate and was on private property when he was shot.
...
Assuming Coulter survives and the charge remains attempted second-degree murder, Louisiana's expansive "Castle" or stand your ground laws protect people's right to use force to defend themselves inside a residence, a car or a business, but that the force used has to be considered "reasonable and necessary," said Dane Ciolino, a Loyola University law professor.
...
But, according to the warrant, an unidentified witness gave a statement that conflicted with Landry's, although the detective did not say how it differed.

Link

Who is this unidentified witness? An accomplish? Who else was out at 2AM.

reply to post by roadgravel


It will be interesting to see if anything this witness has to say contradicts what video evidence the homeowner has.

Not many people out at 2am. Those leaving bars, but then in Louisiana, don't they stay open much later?

Some service and hospitality industry workers may be out at that time too.

I don't see why the idea of "don't commit crimes against others you might get shot for" is so hard to grasp?

reply to post by jadedANDcynical


Depends if the bar is outside of city limits and the ordinance of the town. Most in town bars are 2am.

reply to post by jadedANDcynical

it seems the state is trying to play the did not need deadly force card. That is often a call only the person using it can make unless the circumstances are very obvious.

Originally posted by roadgravel

The New Orleans Times-Picayune reports that Coulter remains in critical condition.

If the victim is alive why is he booked for murder? Jumping the gun to start another round of media frenzy?

The journalists have been cutting and pasting each others articles. The important bits of info are: The kid was in the driveway outside the house, but had jumped over a five foot high metal gate that surrounds the driveway.

The home owner is being charged with second degree attempted murder, while the kid remains on life support due to the severe brain injuries that have paralyzed him on both sides, though he can move a bit on the right side.