Louisiana Legislature Passes Law to Allow Killing Carjackers

Car jacking has become so popular in Louisiana that legislators here passed a law allowing those who use lethal force against those they reasonably believe are attempting to take their car by force.

Decried as a license to kill by gun control advocates and those who have counseled women not to resist, the law simply extends the right of self protection to you while you're in a car.

Captain Dave is a graduate of Massad Ayoob's Lethal Force Institute and, as such, has been indoctrinated into the laws governing the judicious use of lethal force. If this subject interests you, you can buy Ayoob's excellent book "In the Gravest Extreme" for a much more detailed explanation than I provide below. (Contact the Police Bookshelf at 1-800-624-9049 for more information.) It could be the most important $9.95 you ever spend, since there is no such thing as a small legal bill.

Generally speaking (see our Captain Dave's disclaimer and consult your attorney), you have the right to use lethal force to stop an assailant who you believe is going to cause you or your loved ones death grave bodily harm (crippling or killing you). The attacker must have the ability to harm you (such as a weapon, strength in numbers or other disparity of force), the opportunity (the attacker is there now in range to do you harm, not threatening you on the phone) and is placing you in jeopardy.

Jeopardy means the assailant is acting in what a reasonable person would conclude is a threatening manner with the intent to inflict crippling or fatal injury. Simply put, if a person's concealed weapon is showing, you cannot kill them because you feel a momentary fear when he walks by. But if he pulls said weapon and starts waving it around screaming he is going to kill everyone, or is reaching for it while screaming threats directed to you and your loved ones, the law is on your side (you may still be prosecuted, but hopefully you will be the victor.)

If Captain Dave was in his car and three youths accosted me at a red light, I might very well give it to them -- remember, it's just a car. (OK, the smart thing to do is never be in this situation. With proper awareness and planning, you would either avoid the neighborhood, the situation or be able to quickly and safely drive away.) Now if my wife or young children were there with me -- or if I felt they would kill me regardless of whether I gave up the car -- my response would be different, regardless of whether or not I am in Louisiana at the time.

The Louisiana Legislature simple recognized what is a fact of common law -- that we have the right to protect ourselves and respond to a lethal confrontation with a commensurate level of force. We should thank them for upholding this right in an era when government seems more interested in stripping away our rights. But do not let it prevent you from acting appropriately in the other 49 states.

Let me digress for a moment: I am usually armed with a firearm, as allowed by law in my home state. I take this right seriously and the responsibility even more seriously. I have a large gun safe, and if they are not on my person, my guns are in the safe. I took the LFI course so I would be better able to control a lethal confrontation and understand my options. As a result, I realize that a successful confrontation ends with no one getting shot, and this is the result I would strive to achieve, although not at the loss of my life. I compete regularly, shoot at least weekly and continue to expand my training with pistols and long arms.

If you choose to go armed -- as about 5 percent of society does -- I encourage you to approach it with the same level of responsibility. Be a professional when it comes to gun handling and safety. Practice, practice and practice. If you can afford it (hey, you're using a computer, so I assume you can), get some professional training, because perfect practice makes perfect. Carry a load that will stop your assailant without unreasonable danger of penetrating through him or her into an innocent bystander. Keep your guns secured when in the house. And remember that it is better to avoid a situation than end it the hard way.

I'll step down from my soapbox now.