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In article <v57ep4$3u7ea$2@dont-email.me>,In the circumstances you yourself paint, there's obviously no such thing as "*JUST* holding a gun".
moviePig <nobody@nowhere.com> wrote:
On 6/22/2024 1:20 AM, The Horny Goat wrote:That's why you don't threaten deadly force unless you're willing to useOn Fri, 21 Jun 2024 23:13:14 -0400, moviePig <nobody@nowhere.com>>
wrote:
>>But we don't care about the law as written, remember? It's only the>
spirit we should be concerned with. And the spirit of private property
laws certainly does allow for warning off mobs of people in the middle
of nationwide violent riots from trespassing on your land and doing you
harm.
Even if that were (absurdly) the "spirit" of private property, there are
other laws, including common-sense ones, whose "spirit" figures in, too.
Nevertheless there are few cases in law where a warning to the bad
guys is required. One of the key points in the Bouchie case was that
in was on a farm a minimum of 1/2 hour from the nearest police station
and where 4 drunken people came onto his farm, one attempting to get
into the farmer's locked truck.
>
In such situations (particularly with no immediate expectation of
police attendance) I'm going to err on the side of the homeowner - and
I wouldn't impose any further burden on the homeowner because he had
reason to believe one or more of the 4 people in their truck was
inebriated or of a different ethnicity.
>
https://en.wikipedia.org/wiki/Killing_of_Colten_Boushie
>
This particular verdict got roughly the same reaction as the OJ
Simpson case but on a smaller scale and I guarantee Rhino would
remember it.
Here's an instructive (but fictional) example:
>
The trespasser steps off the sidewalk and sits down on your lawn.
>
You brandish your gun, saying, "Get off my lawn or I'll shoot."
>
He yawns and remains seated.
>
Comic-book fantasies aside, what do you do?
it.
However that's a separate issue from whether just holding a gun as a
screaming unruly mob-- which is already trespassing by its mere
presence-- marches up the street toward you in the middle of a
nationwide paroxysm of violence to which the police seem unwilling or
unable to stand in opposition is, or ought to be, a criminal act.
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