New Orleans would be robber takes flight after being disarmed. Legality questions

[Brian Pfleuger]

In Alabama your car while parked on your property is n extension of your home.

You can protect it just the same as your home. Just like you lawnmower shed...its your home.

Note that the above assertion is patently false.

The law specifically requires that the vehicle is OCCUPIED.

Also note from Alabama Criminal Code 13A-3-20, which is the section that defines words used in the physical force law, that a "dwelling" is not the same as a "premises", is not the same as a "vehicle":
The following definitions are applicable to this article (13A-3-20):

The following definitions are applicable to this article:

(1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for the lodging of persons or carrying on business therein. Each unit of a building consisting of two or more units separately occupied or secured is a separate building.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) DWELLING. A building which is usually occupied by a person lodging therein at night, or a building of any kind, including any attached balcony, whether the building is temporary or permanent, mobile or immobile, which has a roof over it, and is designed to be occupied by people lodging therein at night.

(4) FORCE. Physical action or threat against another, including confinement.

(5) PREMISES. The term includes any building, as defined in this section, and any real property.

(6) RESIDENCE. A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(7) VEHICLE. A motorized conveyance which is designed to transport people or property.

-------

Note also that Alabama's criminal code does NOT allow the use of deadly force to protect a vehicle:

: Alabama Code - Section 13A-3-26: USE OF FORCE IN DEFENSE OF PROPERTY OTHER THAN PREMISES

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in section 13A-3-20.

 

[Plumbnut]

Mr Brian,

No it does not have to be occupied if its parked on your property. Your car is an extension of your house.

In a parking lot thats a whole different case.

Its already been done here...no charges filed.

Its te same as you walking up to your front door and a guy is standing in the door way of your house robbing it.....he is fair game.

Never the less......I would rather have a trial by 12 than carried by 6. No problem.

 

[Brian Pfleuger]

I cite the law, with it's definitions.

You cite nothing but your opinion.

The law contradicts your opinion.

Guess which one matters?

 

[JimDandy]

Mr Brian,

No it does not have to be occupied if its parked on your property. Your car is an extension of your house.

In a parking lot thats a whole different case.

Its already been done here...no charges filed.

Its te same as you walking up to your front door and a guy is standing in the door way of your house robbing it.....he is fair game.

There's a concept you're not understanding. Just because it wasn't done here, doesn't mean it can't be done there. It's called prosecutorial discretion. Just because they don't prosecute guy A, doesn't mean the next guy elected, or even the SAME guy won't prosecute guy B.

 

[manta49]

You rob me you better be able to out run a .45 +P thunder ranch load because thats whats gonna be chasing you.

It would be up to what you did if you were robed. But you could regret the decision you made if you were locked up for murder. If the person was no longer a threat its hardly worth taking the chance of ending up in jail for a few dollars.

 

[Plumbnut]

If the written law means so much then why aren't the laws on the books enforced Brian....answer me that?

How can a guy with 20 felony convictions still be walking the streets committing more criminal acts Brian?

How can a guy kill a man in cold blood and get life in prison with out parole and be set free in 12 years only to kill again? Remember the law says.......


Yeah I should just give them all the money I have then take them to my house and let them rob it.......I'd hate to hurt the guy and end up in jail....***.

 

[Evan Thomas]

5. Topics and conduct that will not be tolerated:

h. Knowingly and willfully advocating violation of a standing federal or state law (any state)

Enough. Alabama self-defense laws have been quoted and re-quoted, and at this point, continuing to argue in favor of ignoring them puts all of us, as gun owners, in a bad light.

Closed.