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Legal issues with holding a gun in your home

Posted on 6/1/17 at 8:37 am
Posted by Outlast101
Baton Rouge
Member since Mar 2008
46 posts
Posted on 6/1/17 at 8:37 am
An interesting case about the act of picking up a gun when the police are at your door:

quote:

A federal judge decided the two deputies responded reasonably when they saw Angel Mendez, the sleeping man, reach for a weapon, which turned out to be a BB gun.

The deputies were liable for the injuries they caused, the judge ruled, because they had provoked the incident by going on to private property and barging into the shack without a search warrant and without announcing their presence.

In Tuesday’s opinion in County of Los Angeles vs. Mendez, the justices said the judge and the U.S. 9th Circuit Court of Appeals were wrong to rely on the provocation rule. But they sent the case back to the 9th Circuit to reconsider whether the verdict can be upheld on the grounds the deputies violated the 4th Amendment when they searched without a warrant.


LINK

I really don't understand how anyone could argue the police have a right to barge in without a warrant or shoot a homeowner in his home simply because he has a gun, but I'm no lawyer.

I know I've reached and would reach for a gun when it's late in the night when someone knocks on my door, but I'd like to hear the OB's opinion.

Another link from another case:
Andrew Scott
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