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Started By
Message
Missouri State AG Schmitt requests McClosky charges be dropped.
Posted on 7/22/20 at 9:08 am
Posted on 7/22/20 at 9:08 am
I called General Schmitt's office yesterday to have his folk forward my applause for him standing up for 2A rights, as well as Missouri Castle Doctrine Law. Office #573-751-3321
3
Posted on 7/22/20 at 9:22 am to Boogalie
quote:
Missouri Castle Doctrine Law.
Is the CD only in effect when someone is murdered (or shot) or all the time of pointing a firearm at a potential intruder?
Posted on 7/22/20 at 9:34 am to idlewatcher
quote:
Is the CD only in effect when someone is murdered
No. You just have to be reasonably afraid of being in imminent danger in your home, on your property or other private property or even in your car
Posted on 7/22/20 at 9:39 am to Boogalie
So it doesn’t matter if what they did wasn’t against the law, if it looked bad to liberals.
Posted on 7/22/20 at 9:40 am to the808bass
quote:
or other private property or even in your car
Yea it's the same here in TX where the car serves as an extension to your home.
Just never knew if you can rely on CD from brandishing a weapon as well. So thanks
Posted on 7/22/20 at 9:41 am to Boogalie
I'm curious what the law actually says. What law did they break? and how?
Posted on 7/22/20 at 9:53 am to idlewatcher
quote:It is a statutory affirmative defense, and the details are different in every State.
Is the CD only in effect when someone is murdered (or shot) or all the time of pointing a firearm at a potential intruder?
As a general rule, however, you must have a "reasonable fear" for your safety (or the safety of your property in some cases), and the "reasonableness" of your fear will be determined by a jury (usually).
So, if a PCP-crazed intruder is coming at you with a knife, you are pretty damned safe in pulling your weapon and ventilating him.
If someone walks across your front lawn shouting unkind things about you and your ancestors, it is a much closer call. In that instance, think about the jury pool and ask yourself (in your best Eastwood voice) "Do you feel lucky?"
AGAIN, the details will vary by jurisdiction.
This post was edited on 7/22/20 at 10:01 am
Posted on 7/22/20 at 10:00 am to AggieHank86
quote:
It is a statutory affirmative defense, and the details are different in every State.
this. i can totally kill someone in Arkansas, but I have to have retreated first. then backed into a corner. which is stupid.
Posted on 7/22/20 at 10:03 am to AggieHank86
quote:
the jury pool
if the pool is filled with me,
the defense wouldn't even need to put on evidence
Posted on 7/22/20 at 10:05 am to the808bass
quote:
You just have to be reasonably afraid of being in imminent danger in your home, on your property or other private property or even in your car
An angry mob breaking open a gate and camping out on your street counts as being in imminent danger.
Posted on 7/22/20 at 10:16 am to goofball
quote:If you are on the jury, that Defendant is now 1/12 of the way to where (s)he needs to be.
An angry mob breaking open a gate and camping out on your street counts as being in imminent danger.
Another juror might see video of the first peaceful protesters walking thru an undamaged gate ... held open by the person who unlocked it for them ... and seeing a barefoot fat man in a pink Izod already waiving an automatic rifle in their general direction long before they ever stepped onto his St. Augustine. That juror might disagree with your assessment.
Do you want to wager your freedom on the hope that you draw the "correct" jury?
Posted on 7/22/20 at 10:19 am to AggieHank86
quote:
If someone walks across your front lawn shouting unkind things about you and your ancestors, it is a much closer call. In that instance, think about the jury pool and ask yourself (in your best Eastwood voice) "Do you feel lucky?"
AGAIN, the details will vary by jurisdiction.
What a retarded characterization.
But par for the course for hank.
LINK
Posted on 7/22/20 at 10:28 am to AggieHank86
quote:
If you are on the jury, that Defendant is now 1/12 of the way to where (s)he needs to be.
Posted on 7/22/20 at 10:30 am to AggieHank86
quote:
Another juror might see video of the first peaceful protesters walking thru an undamaged gate ... held open by the person who unlocked it for them ... and seeing a barefoot fat man in a pink Izod already waiving an automatic rifle in their general direction long before they ever stepped onto his St. Augustine. That juror might disagree with your assessment.
Oh so you know all the facts about this event? Are you exactly sure this is how it occurred?
Posted on 7/22/20 at 10:33 am to AggieHank86
quote:
Another juror might see video of the first peaceful protesters walking thru an undamaged gate ... held open by the person who unlocked it for them ... and seeing a barefoot fat man in a pink Izod already waiving an automatic rifle in their general direction long before they ever stepped onto his St. Augustine.
If my neighbor has a party... and I see his guests getting rowdy and what not and decide I might need to protect myself, because these very same guests have been burning and looting a few neighborhoods over... well, just because they are his guests and invited by him in no way gives them permission to come onto my property and start chanting and yelling at me. And I have every right to protect myself and my property. Correct?
Posted on 7/22/20 at 10:36 am to TS1926
quote:
Oh so you know all the facts about this event? Are you exactly sure this is how it occurred?
Hank think that it's not only possible but highly probably that the McClosky's damaged the gate to make the protestors look bad. I mean.... there's no video that doesn't show them doing this... therefore... they did this.
Posted on 7/22/20 at 10:38 am to TS1926
quote:Watch the video (all of it), and decide for yourself whether (a) the gate was open, (b) the gate was undamaged, (c) anyone was on the McCloskey lawn and (d) McCloskey was already standing on his porch and waiving his automatic rifle.
Oh so you know all the facts about this event? Are you exactly sure this is how it occurred?
You have the water ... only you can decide whether to drink it.
Posted on 7/22/20 at 10:41 am to AggieHank86
I certainly don't see anyone unlocking the gate for them. I see one BLM protestor holding it open for everyone else. But no unlocking.
This post was edited on 7/22/20 at 10:42 am
Posted on 7/22/20 at 10:41 am to SSpaniel
quote:Absolutely.
If my neighbor has a party... and I see his guests getting rowdy and what not and decide I might need to protect myself, because these very same guests have been burning and looting a few neighborhoods over... well, just because they are his guests and invited by him in no way gives them permission to come onto my property and start chanting and yelling at me. And I have every right to protect myself and my property. Correct?
The question of whether they committed a trespass by stepping onto the McCloskey St. Augustine (a prospect which I consider to be a "given") is entirely distinct from the question of whether McCloskey armed himself because he heard and saw the protesters "Storming the Bastille" (his words, not mine) and ripping down the "historical" pedestrian gate (again, his words).
Correct?
Posted on 7/22/20 at 10:44 am to the808bass
quote:
No. You just have to be reasonably afraid of being in imminent danger in your home, on your property or other private property or even in your car
In FL it extends to your boat
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