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From: moviePig <nobody@nowhere.com>
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
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On 6/25/2024 3:52 PM, BTR1701 wrote:
> 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.

In the circumstances you yourself paint, there's obviously no such thing 
as "*JUST* holding a gun".