Path: ...!eternal-september.org!feeder3.eternal-september.org!news.eternal-september.org!.POSTED!not-for-mail From: moviePig Newsgroups: rec.arts.tv Subject: Re: Criminal Records Expunged for St. Louis Gun Couple Date: Tue, 25 Jun 2024 18:16:32 -0400 Organization: A noiseless patient Spider Lines: 58 Message-ID: References: <4enc7jp80vbphg0hc5iociurasnko1obk0@4ax.com> Reply-To: nobody@nowhere.com MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8; format=flowed Content-Transfer-Encoding: 7bit Injection-Date: Wed, 26 Jun 2024 00:16:33 +0200 (CEST) Injection-Info: dont-email.me; posting-host="d2d90a48413b38a40b2d22a00d23c588"; logging-data="1831021"; mail-complaints-to="abuse@eternal-september.org"; posting-account="U2FsdGVkX18Vau0lz8PGGD7riqc4jk5B303vJ2BdCKs=" User-Agent: Mozilla Thunderbird Cancel-Lock: sha1:jIy9IG8zknxKXkGQiOG//kdZcRI= In-Reply-To: Content-Language: en-US Bytes: 4118 On 6/25/2024 3:52 PM, BTR1701 wrote: > In article , > moviePig wrote: > >> On 6/22/2024 1:20 AM, The Horny Goat wrote: >>> On Fri, 21 Jun 2024 23:13:14 -0400, moviePig >>> 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? > > That's why you don't threaten deadly force unless you're willing to use > 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. In the circumstances you yourself paint, there's obviously no such thing as "*JUST* holding a gun".