USE OF LETHAL FORCE

USE OF LETHAL FORCE

By Richard E. “Rick” Dennis CPP
Freelance Writer and Author

December 14, 2021

WHEN CAN LETHAL FORCE BE APPLIED?

As crime in the United States is rising, so is gun ownership among the populous. However, the main concern for the armed citizen, other than learning how to properly use his or her firearm, is learning and understanding the use of force to protect ones self or the person of another. The new gun owner should be aware that every states self defense laws are different and it’s encumbrance on firearms owners to learn the law in their state of residency or when traveling.

The following article illustrates examples of the use of deadly force from a law enforcement example and also includes legal definitions of the self defense law for the State of Louisiana. In no manner whatsoever, should the reader interpret these examples as applicable to a state other than Louisiana. Furthermore, the reader shouldn’t interpret this article as providing legal advice.

DEADLY FORCE

The New Orleans Police Department Training Manual lists the specific instances authorizing the use of Deadly/Lethal Force, e.g.,: Deadly/Lethal force shall be used only when:

· There is an imminent danger of death or serious physical injury to the officer or another person; or

· To prevent the escape of a fleeing subject if there is probable cause to believe:

1) The subject has committed a felony involving the infliction or threatened infliction of serious bodily injury or death; and

2) The escape of the subject would pose an imminent danger of death or serious bodily injury to the officer or to another person.

· Officers are not authorized to fire their firearms in order to subdue an escaping suspect who presents no imminent threat of death or serious injury.

· Deadly Force may never be used for the protection of property.

For example: An exception to the property rule is “Car Jacking.” If an individual is occupying his or her vehicle and a “Car Jacker”or “Multiple Car Jackers” approach the vehicle armed and threatens the occupants life or the occupant is in fear of great bodily harm in order to steal the vehicle, the occupant may use a firearm or other weapons to stop the attacker(s) in order to preserve life or the threat of great bodily harm. At this juncture, saving the vehicle is not the primary objective – saving and individual life or deterring great bodily harm is the primary objective. Remember, a persons has to believe beyond a shadow of a doubt that his or her life is in imminent danger or the life of another is in imminent danger of loss of life or great bodily harm in order to use force.

WHAT IS THE CASTLE DOCTRINE?

Castle Laws are laws that address the use of force when defending one’s self inside their home, or on the property. Some states expand this to vehicles, and the person’s place of work. Castle Laws generally include: where the law applies, the requirements for use of deadly force, if there is a duty to retreat, the amount of force that maybe used in defending one’s self or others. These vary widely from state to state.

STAND YOUR GROUND LAW

In Louisiana, people have the right to stand their ground in their homes or public places where they have a legal right to be. Louisiana Statute 14:20 lays out situations in which a homicide or the killing of another is justified. There are several factors to a basic stand your ground situation, including: 1) You believe you are in imminent danger of losing your life or suffer great bodily harm. 2) You believe the killing is necessary. The following Louisiana R.S. 14: 20 defined:

LOUISIANA R.S. 14:20 JUSTIFIABLE HOMICIDE LAW

A homicide is justifiable:

1) When committed in self-defense by one who reasonable believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from the danger.

2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

3) When committed against a person whom one reasonably believes to be likely to use any unlawful force a person present in a dwelling or a place of business, or when committed against a person who one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or vehicle.

4) (A) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined by R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or a 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 to leave the dwelling , place of business, or motor vehicle.

ILLEGALLY SHOOTING SOMONE FOR PROPERTY THEFT AND ILLEGALLY BRANDISHING A FIREARM TO THREATEN.

As this article illustrates: “It is illegal to shoot someone for merely stealing your property, except as noted above during a Car Jacking.”

It’s also illegal to threaten someone with a loaded firearm, except when any of the self scenarios listed above are applicable. Merely using the firearm to threaten someone absent of any of the criteria listed above WILL in all probability land you in a jail cell for aggravated assault.

Notwithstanding, it is illegal to shoot someone merely crossing your property or jogging down your street.

It’s incumbent upon every firearms owner to seek legal advice and learn what their rights are as a firearms owner, especially when the firearm intention is to be used in self defense.

LAW ENFORCEMENT SHOOTING ERRORS

It’s mind boggling to read the circumstances in which todays law enforcement has fatally shot people. Instances include: running away unarmed, reaching for the glove compartment to retrieve their drivers licenses during a traffic stop, an unarmed fleeing felon or a person wanted from an outstanding warrant for his arrest. These are prime examples of individuals not receiving adequate training or are unsuitable for the job. These are also prime examples of what not to do with a firearm.

Back in the day, when I was in Drug Enforcement we all had to be certified and re-certified. These examples are clearly examples of what not to do with a firearm. You’ve taken the responsibility to arm yourself. Now take the responsibility of learning the law and understanding the proper use of a self defense firearm.

“Until Next Time, Keep Em Between The Bridle!”
​MERRY CHRISTMAS AND HAPPY NEW YEAR!!