Uh oh....standing his ground...

Discussion in 'Too Hot for Swamp Gas' started by outbackjack, Jul 27, 2013.

  1. outbackjack
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    outbackjack Premium Member

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  2. GatorFanCF
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    Sad in several levels. Hope the kids survives (story says he is still alive) and is whole. Not a smart thing to be climbing someone 's fence at 1:40 am especially when there have been break ins in the neighborhood. But, who expects wisdom from a 14 year old? If this trend continues and the shooters are not jailed I bet you see a serious decrease in crime. Parents?
  3. outbackjack
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    outbackjack Premium Member

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    My mistake, still alive.

    2 am, you are at home with your pregnant wife and 2 year old, someone jumps your fence and approaches your house.

    You do not know if they are armed but you do know they have jumped your fence at 2 am.

    I don't believe it was to leave freshly baked cookies on your doorstep.

    This situation reminds me from a great line by Mr. Blonde in Reservoir Dogs....

    "If he wouldn't of done, what I told him not to do...I wouldn't have done what I did."
  4. gatornana
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    gatornana Administrator

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    He wasn't approaching his house......


    Is this really a SYG situation?
  5. Tasselhoff
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    Tasselhoff Well-Known Member

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    No. It isn't.
  6. SmootyGator
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    SmootyGator Well-Known Member

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    Yeah, this doesn't appear to be that. I'm pretty sure that you can't shoot someone outside of your house, especially if they aren't threatening you.
  7. Tasselhoff
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    Tasselhoff Well-Known Member

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    1:40 in the morning. Someone jumps your fence and his messing with your car. You have a young daughter and a pregnant wife.
    Sorry but I think it was a justified shooting. The courts may not find it as such but I bet murder does not stick. If I wake up and find som eone in my back yard at that time...breaking in to my house or car...I am not asking a lot of questions.
    If you do not want your kid shot...don't let them out at 140am. You don't want your kid shot..teach the right and wrong. This isn't some dumb mistake or kids being kids. Under these circumstances this kid posed a percieved threat.
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  8. gatornana
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    From the op link:

  9. Tasselhoff
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    Tasselhoff Well-Known Member

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    Yeah..see I read that. The kid climbed over the man's iron fence. Not sure if that is trespassing or unlawful entry. The kid was at the man's car. The kid was near the man's house. He was in my opiniln in the act of breaking in.

    As a father I sure as hell and taxes am not going to wait for the perp to actually be in my house before firing. What if I miss. What if the perp is armed and starts shooting first. No. He put his life at risk when he broke into the man's yard. He put his life at risk when he posed a percieved threat.
  10. GatorFanCF
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    Does the law define "your car" while inside your fenced yard as part of "your home"?
    .
  11. kygator
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    kygator Well-Known Member

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    He was approaching the house once he left public land (the street or sidewalk) and jumped the locked fence into his yard.

    We can't draw a conclusion based on the limited information in the story.
  12. Tasselhoff
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    Tasselhoff Well-Known Member

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    I do not know. Would you? I would? Does my garage cou t? My carport? Detached garage? I do not know. But this guy had his entire property fenced in with an iron gate. It wasn't an open front yard with driveway. It would be lime someone jumping your backyard privacy fence and moving toward your boat. Would you consider that person a threat at 140 in the morning?
  13. kygator
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    kygator Well-Known Member

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    It is reasonable to consider that person a threat given that he broke into their property and the time of night. It isn't like some kid cutting across your open lawn in the middle of the day.
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  14. gatornana
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    If you're in one of your garages or outbuilding, then he'd be considered an immediate threat....but if you're in your home and he's entering a garage, outbuilding or car, he would not be an immediate threat to your safety. If he attempts to get into your home, then all bets are off and you should shoot him.

    Sometimes it's best to just dial 911 and make sure you're safely locked in your home until the police arrive.
  15. madgator
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    madgator Well-Known Member

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    Louisiana law is different from the rest of the country.....so who knows
  16. G8trGr8t
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    Best for who? The thief?

    So you cower in your house and watch out the window while the thief steals your stuff?
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  17. gatornana
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    You don't cower....you call 911 and in being proactive, you make sure you're locked up tight in your home and if you own a gun, you get it in case he breaks in before police arrive.

    I'm not sure the law allows one to just shoot someone who's outside stealing property.....are they really posing an immediate threat? Is it worth shooting someone who's not breaking in your home to face enormous legal fees and years in prison?
  18. madgator
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    madgator Well-Known Member

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    speaking of which.....as I type this, I've got some doofball who drove around a lake to the property side to hit his second shot from my backyard even though he is about 40-50 yards out of bounds and on private property.....

    always pisses me off when people do that.....I'm thinking about shooting him. not really because I feel threatened or anything
  19. SmootyGator
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    If someone is breaking into your car, you should call the cops, not shoot him. Unless, of course, you're in the car, then BLAM BLAM!!!!

    I'm not quite sure what the law states, but I would disagree with it if it allows you to shoot someone that is just stealing something while posing no threat to yourself.

    Now, that being said... I think he should be legally allowed to go outside with his gun and tell the perp to GTFO his property, and if the perp comes at him, then BLAM BLAM!!!
  20. MichiGator2002
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    Based on my admittedly meager skimming of the thread, does not sound like a good shoot to me. Going to be some close questions in there. Certainly if you look at just the car in the abstract, if you want to justify shooting someone trying to burgle, steal, or vandalize your car, you better be inside it at the time. On the property, behind a fence, but outside the home... eh. The presumption raised on behalf of a homeowner under the castle doctrine is a rebuttable one, and cases like this are a good reason why. I would really have to peel it back more to have an opinion.
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