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From: BTR1701 <atropos@mac.com>
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Subject: Re: Criminal Records Expunged for St. Louis Gun Couple
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In article <v57ep4$3u7ea$2@dont-email.me>,
 moviePig <nobody@nowhere.com> wrote:

> On 6/22/2024 1:20 AM, The Horny Goat wrote:
> > On 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?

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.