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Posted: 12/16/2016 1:25:15 PM EDT
Letter to the editor As the founder of the Home Defense Foundation, in 2013 and 2014 I led the effort to partially re-write Louisiana Statutes RS 14:19 and 14:20, which have the often misunderstood "stand your ground" provisions in them. You can read about this effort at the "Changing The Law" page on our website, HdfNola.org.
State Sen.Troy Carter and State Rep. Rodney Lyons are right to say this law needs improvement, although not in the way they might imagine. Currently, all the "stand your ground" provision does is give you a legal right to stay where you are when you are about to be attacked. In other words, there is no duty to retreat, as in other states. Although the provision allows you to meet force with force, it does not state that the force may be disproportionate. You are not allowed to respond to a punch to your shoulder with a bullet to your attacker's head. The improvement this law needs is a specific provision allowing for a warning shot, which is currently missing. In my opinion, many rage-type shootings could be avoided if the armed participant was able to send a starting "wake up message" to the other party. A warning shot does this. It says: "Stop. Back off. I AM GIVING YOU A WARNING. Let's both calm down and re-assess." Mike Weinberger, Founder, Home Defense Foundation New Orleans |
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Posted: 12/16/2016 1:36:03 PM EDT
[#1]
Is Louisiana not a Castle Doctrine state?
In Ohio we can shoot anyone breaking/broken into our occupied dwelling/vehicle. No need for warning shots. |
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Posted: 12/16/2016 1:38:23 PM EDT
[#2]
Quote HistoryQuoted:
Is Louisiana not a Castle Doctrine state? In Ohio we can shoot anyone breaking/broken into our occupied dwelling/vehicle. No need for warning shots. stand your ground applies anywhere you happen to be, no? in any event, my warning shot hit him in the face, sorry. I was really shaken/shaking at the time. |
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Posted: 12/16/2016 1:38:36 PM EDT
[#3]
Ya, not happening.
Partial good idea, but mostly bad idea. |
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Posted: 12/16/2016 1:40:03 PM EDT
[#4]
What? Let fly with a random non aimed round?
What could possibly go wrong? |
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Posted: 12/16/2016 1:40:26 PM EDT
[#5]
Double Tap
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Posted: 12/16/2016 1:41:42 PM EDT
[#6]
That guy is a fucking dumbass.
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Posted: 12/16/2016 1:42:41 PM EDT
[#7]
Fucking idiots
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Posted: 12/16/2016 1:44:51 PM EDT
[#8]
First shot or whatever shots at the bad guys until the bad guy is down, then 1 shot as a warning shot after the fact that you mean business.
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Posted: 12/16/2016 1:45:37 PM EDT
[#9]
Quote HistoryQuoted:
Ya, not happening. Partial good idea, but mostly bad idea. Uh no its all bad... |
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Posted: 12/16/2016 1:46:31 PM EDT
[#10]
Quote HistoryQuoted:
stand your ground applies anywhere you happen to be, no? in any event, my warning shot hit him in the face, sorry. I was really shaken/shaking at the time. Castle Doctrine and Stand your Ground are different Castle Doctrine means you shoot as soon as they enter. In fact, you can shoot while they try to enter - an armed hoodlum was breaking down a veteran's door this year in Columbus. The old vet shot him through the door. DOA. No charges, not even arrested. Stand your Ground simply means you have no duty to retreat. So, say someone confronts you with a knife. You could risk your life by running and learn the hard way if he's faster than you - or you can shoot him in the face. Stand your Ground doesn't mean you can shoot whenever - unlike Castle Doctrine, they have to pose an eminent risk to your life. |
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Posted: 12/16/2016 1:47:24 PM EDT
[#11]
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Posted: 12/16/2016 1:47:34 PM EDT
[#12]
Has he considered where that warning shot may end up?
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Posted: 12/16/2016 1:51:03 PM EDT
[#13]
Who would know. The 2nd shot was the warning shot
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Posted: 12/16/2016 1:53:00 PM EDT
[#14]
Quote HistoryQuoted:
Has he considered where that warning shot may end up? No that's why he suggested it... and his "opinions and knowledge" of guns and shooting are probably gleamed from cop movies from the 80' and 90's - Clint |
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Posted: 12/16/2016 2:04:43 PM EDT
[#15]
Quote HistoryQuoted:
Castle Doctrine and Stand your Ground are different Castle Doctrine means you shoot as soon as they enter. In fact, you can shoot while they try to enter - an armed hoodlum was breaking down a veteran's door this year in Columbus. The old vet shot him through the door. DOA. No charges, not even arrested. Stand your Ground simply means you have no duty to retreat. So, say someone confronts you with a knife. You could risk your life by running and learn the hard way if he's faster than you - or you can shoot him in the face. Stand your Ground doesn't mean you can shoot whenever - unlike Castle Doctrine, they have to pose an eminent risk to your life. Actually, in Ohio the "Castle Doctrine" just means that you have no duty to retreat from your residence or car. In order to use deadly force in self defense you still need to establish that you were not at fault and that you were in imminent danger of great bodily harm or death. Ohio concealed carry manual. We do not have "Stand Your Ground" in Ohio. That being said, how do i get the NRA and Instructor tags under my name? 
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Posted: 12/16/2016 2:08:17 PM EDT
[#16]
i read it as saying that this law allows one to fire a warning shot, not require that they fire one. i don't see much of a problem there
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Posted: 12/16/2016 2:10:57 PM EDT
[#17]
That sounds like a great idea...not. Way to get an innocent bystander shot dead. We have had 2 road rage shooting death incidences and this article likely applies to rhe latter instance. In both instances, the aggressor was killed...irregardless of who caused the road rage. If neither of the aggressors had exited their cars and approached the other driver, neither would be dead. These were bad judgment calls in the heat of the moment.
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Posted: 12/16/2016 2:15:40 PM EDT
[#18]
Stupid
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Posted: 12/16/2016 2:20:39 PM EDT
[#19]
Quote HistoryQuoted:
Actually, in Ohio the "Castle Doctrine" just means that you have no duty to retreat from your residence or car. In order to use deadly force in self defense you still need to establish that you were not at fault and that you were in imminent danger of great bodily harm or death. Ohio concealed carry manual. We do not have "Stand Your Ground" in Ohio. That being said, how do i get the NRA and Instructor tags under my name? <img src=http://www.ar15.com/images/smilies/smiley_abused.gif border=0 align=middle> Then you don't have any castle doctrine laws. The very basis of castle doctrine is you are legally presumed to have reasonable fear of bodily harm or death if they are forcibly attempting to enter or have already unlawfully entered the dwelling. KY is pretty strong and is worded for anywhere you "dwell" along with your mode of transportation. So don't try to remove a guy from his skateboard or he can legally shoot you in the face. |
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Posted: 12/16/2016 2:24:56 PM EDT
[#20]
I like to know that my bullet is not going to hit a stray target.
Hence, no warning shot. It would be dangerous. 
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Posted: 12/16/2016 2:26:25 PM EDT
[#21]
Quote HistoryQuoted:
i read it as saying that this law allows one to fire a warning shot, not require that they fire one. i don't see much of a problem there Bullets never ever miss. They always hit...something. 
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Posted: 12/16/2016 2:27:41 PM EDT
[#22]
Can't wait to see what happens when the warning shot richochets off the ground and kills some bystander. The ignorance of people making laws like this are boundless.
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Posted: 12/16/2016 2:30:40 PM EDT
[#23]
Quote HistoryQuoted:
Then you don't have any castle doctrine laws. The very basis of castle doctrine is you are legally presumed to have reasonable fear of bodily harm or death if they are forcibly attempting to enter or have already unlawfully entered the dwelling. KY is pretty strong and is worded for anywhere you "dwell" along with your mode of transportation. So don't try to remove a guy from his skateboard or he can legally shoot you in the face. This is a good point. While it is called the "Castle Doctrine" in Ohio it sounds like the equivalent of "Stand your ground" (but only at home!) in other states. |
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Posted: 12/16/2016 2:37:33 PM EDT
[#24]
Florida already has a warning shot law.
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Posted: 12/16/2016 2:39:10 PM EDT
[#25]
There's probably no chance that this would lead to people being killed by stray bullets.
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Posted: 12/16/2016 2:41:57 PM EDT
[#26]
In Texas the policy for CHL holders is the first time your target knows you are exercising your right to apply deadly force is when they see your muzzle flash.
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Posted: 12/16/2016 2:45:53 PM EDT
[#27]
LOL "warning shot" - what a dumb fucking thing to do; this guy is a total idiot
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Posted: 12/16/2016 3:09:17 PM EDT
[#28]
Quoted:
<img src=http://www.ar15.com/images/smilies/anim_rofl.gif border=0 align=middle> Letter to the editor As the founder of the Home Defense Foundation, in 2013 and 2014 I led the effort to partially re-write Louisiana Statutes RS 14:19 and 14:20, which have the often misunderstood "stand your ground" provisions in them. You can read about this effort at the "Changing The Law" page on our website, HdfNola.org.
State Sen.Troy Carter and State Rep. Rodney Lyons are right to say this law needs improvement, although not in the way they might imagine. Currently, all the "stand your ground" provision does is give you a legal right to stay where you are when you are about to be attacked. In other words, there is no duty to retreat, as in other states. Although the provision allows you to meet force with force, it does not state that the force may be disproportionate. You are not allowed to respond to a punch to your shoulder with a bullet to your attacker's head. The improvement this law needs is a specific provision allowing for a warning shot, which is currently missing. In my opinion, many rage-type shootings could be avoided if the armed participant was able to send a starting "wake up message" to the other party. A warning shot does this. It says: "Stop. Back off. I AM GIVING YOU A WARNING. Let's both calm down and re-assess." Mike Weinberger, Founder, Home Defense Foundation New Orleans Never heard of this dipshit or his cockamamie "organization". ETA: it appears his hearts in the right place and that he does have some political momentum. Just dreadfully ignorant and untrained. Sad for a group that trains new shooters. And no mention of the NRA. Awesome. |
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Posted: 12/16/2016 3:12:46 PM EDT
[#29]
Warning shot, so now some passerby is going to take a bullet so the criminal can still keep doing criminal things?
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Posted: 12/16/2016 4:03:27 PM EDT
[#30]
My appreciation of the law is - you are either invited in, or carried out, your choice. I am good either way.
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Posted: 12/16/2016 4:14:52 PM EDT
[#31]
Warning shot? LMAO.....NO!
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Posted: 12/16/2016 4:42:42 PM EDT
[#32]
The extremely brilliant tactician Joe Biden says shoot a double barrel shotgun in the air and the combined armed forces of the entire world would scatter in fear.
I wonder if Obama knows he could just set outside and shoot a shotgun in the air, which would cause Russia to immediately confess to rigging the election and simultaneously awarding the Presidency to Hitlery Clinton. |
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Posted: 12/17/2016 5:17:14 AM EDT
[#33]
Quote HistoryQuoted:
The extremely brilliant tactician Joe Biden says shoot a double barrel shotgun in the air and the combined armed forces of the entire world would scatter in fear. I wonder if Obama knows he could just set outside and shoot a shotgun in the air, which would cause Russia to immediately confess to rigging the election and simultaneously awarding the Presidency to Hitlery Clinton.  Failed To Load Title edit: How the heck do youtube links work? |
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Posted: 12/17/2016 5:36:56 AM EDT
[#34]
Two warning shots to the chest. Next one means business. |
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Posted: 12/17/2016 5:38:31 AM EDT
[#35]
Quote HistoryQuoted:
Has he considered where that warning shot may end up? That's the problem. Maybe in a rural area, Maybe. Any other place, almost always a terrible idea. |
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Posted: 12/17/2016 5:39:54 AM EDT
[#36]
Will they specify the approved direction for the warning shot in the legislature?
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Posted: 12/17/2016 5:45:28 AM EDT
[#37]
She is right you know,
A warning shot to the head can be a very effective deterrent. |
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Posted: 12/18/2016 9:36:33 PM EDT
[#38]
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Posted: 12/18/2016 9:51:40 PM EDT
[#39]
Quote HistoryQuoted:
That guy is a fucking dumbass. This. |
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Posted: 12/18/2016 9:56:43 PM EDT
[#40]
Quote HistoryQuoted:
Florida already has a warning shot law. And we all died. It was terrible. |
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Posted: 12/18/2016 10:02:36 PM EDT
[#41]
The only explanation I can think of is that it was just a warning letter.
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Posted: 12/18/2016 10:05:25 PM EDT
[#42]
If you have a pump shotgun would racking the slide work in place of a warning shot?
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Posted: 12/18/2016 10:05:40 PM EDT
[#43]
Quote HistoryQuoted:
And we all died. It was terrible. Everyone here was saying the same stuff when Florida's was proposed. I haven't even heard of the law being used yet. |
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Posted: 12/18/2016 10:19:37 PM EDT
[#44]
Quote HistoryQuoted:
That guy is a fucking dumbass. |
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