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Old 05-06-2007, 01:33 AM   #106
LateNight
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Quote:
Originally Posted by joepole
>It says you don't have to retreat, not that you automatically assume your safety is in danger and nothing less than deadly force will resolve the situation.

You should read it again, it says exactly that.
And to help Brain do just that.. here it is verbatim according to the LAW

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motorvehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the
process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle
.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

Justifiable homicid. A homicide is justifiable:
When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder toleave the premises or motor vehicle.

Doesn't say a darn thing about checking with the intruder to see if they have a weapon.

END OF STORY.. He shoots, he scores


And for the second time in this thread. I have attached this document, that says just this.
Attached Files
File Type: pdf 8910.pdf (22.1 KB, 2 views)

Last edited by LateNight; 05-06-2007 at 01:59 AM.
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