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Originally Posted by swampcrawler
Thanks guys. I guess I just figured a guy spraying rounds through down town Batton Rouge with the entention of hitting you was as good a reason as any to put him down. Guess a guy has to be sure the perp actually hits him, prefferably with a life threatening hit, before he's allowed to shoot. :/
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Actually, in Baton Rouge, he would probably have been justified in shooting the perp. Louisiana law doesn't exactly spell it out, but there has long been a rule that you're allowed to use force if the offender is using force, is fleeing, and is liable to use force against an innocent third-party. We can assume as reasonable persons that the offender was armed, was willing to use lethal force to escape, and that his actions showed he was willing to use force indiscriminately. Ergo, a shoot would probably have been legally justified.
However, the difference between being legally justified to shoot someone and being involved in the aftermath of a shooting is huge. Our hero did the right thing by presenting his weapon, then leaving the area. I hope that he called it in to the police, gave a description, and let the cops know that someone was trying to carjack someone at gunpoint.
State law varies, and this is based on my understanding of Louisiana law.