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Re: John White Found Guilty

Posted by SelkirkTMO on Sun Dec 23 04:44:05 2007, in response to Re: John White Found Guilty, posted by LuchAAA on Sun Dec 23 03:08:10 2007.

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See my other post ... even out here in the sticks, you do *NOT* have the legal right to confront trespassers on your property with a lethal weapon in the FIRST place ... doesn't MATTER who's who. The LAW protects your HOME, not your land. Trespassing is illegal, and you call the COPS to remove them. ONLY when they actually perform a "home invasion" do the rules change ... once they're INSIDE!

I don't see any racist angles to this at all, other than the unfortunate unawareness of the LAW to the poor bastard who made the wrong move in the first place by bringing their gun outside. You *DON'T* do that, because even if it occurs on YOUR property, it is STILL "menacing." And since LI is part of downstate, there's probably also "gun qwap" as far as even SHOWING a piece "outside." :(

There is no legal downside to "fear for my life and well-being" ... that is often the "escalation factor" under law ... but it's important to prevent something like this to ever happen again that anyone in such a situation understand that you are NOT in "lethal response" realm UNTIL they actually perform a "home invasion" ... and as I said in the other response, their carcass had BETTER be INSIDE your home when the cops arrive ... whatever happens once that's satisfied usually won't even result in more than a morning before the grand jury explaining WHY you had no choice but to pop them.

THIS episode is *damned* sad ... because despite all the psychological realities of what the "perp" felt that made it OK to do it, they completely failed to understand the threshold, and the LAW. That's ONE particular thing I appreciated about the Panthers in the 60's ... they TAUGHT people the LAW!

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