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Couple threatened for defending themselves agains a mob who broke in their property ?

Revoltingest

Pragmatic Libertarian
Premium Member
By Murrican definitions, everyone who doesn't hate public healthcare and college students, and doesn't sleep with a Glock-17 under their pillow is an unreformed communist.
Hmmm...not a definition I'd use.
Btw, I favor the 22 (40S&W) over the 17 (9mm).
I thought the KKK just put burning crosses on lawns?
They've done more.
But anything to avoid the question, eh.
 

Revoltingest

Pragmatic Libertarian
Premium Member
That is ironic. I suggest that your characterization is a mischaracterization and you suggest that i am deflecting. Is what you did not deflecting? But sure we can travel down that path: how do you think my question was a deflection?
I sense bickering, rather than discussion of the issues.
 

whirlingmerc

Well-Known Member
Which legal professor?

Eric Banks, lawyer and former St. Louis City councillor, has the opposite opinion:


St. Louis Couple Points Guns At Protesters — Was It Legal?


No, it actually isn't true.

I was operating with some bad assumptions before: I assumed that Portland Place had a right-of-way that was a distinct property that happened to be jointly owned; turns out that this isn't the case... which is actually important: the property extends out into the middle of the road.

This means that there was an easement - either de facto or on title - granting access across the roadway part of the McCloskey's property. This is how the McCloskey's landlocked neighours - and their servants, deliveries, garbage pickup, road maintenance crews, etc. - were able to access their properties without the McCloskeys threatening to kill them.

So even though the road in front of their house was private property, it seems they didn't have the right to try to deny access.


There were no trespassing signs

What is Missouri's castle doctrine?
 

Curious George

Veteran Member
How can something be your property when you don't own it?
It comes down to what property is and what ownership is.

What does you think ownership means? I think there is a want to think of ownership in terms of possessing exclusively and entirely. With real estate this would translate to a fee simple absolute. But as we concede other types of ownership we realize that ownership is not quite so simple.
 

Tambourine

Well-Known Member
You haven't given me a reason.
Why would I want to?
They committed a crime against your property by trespassing, making it legal for you to hurt or kill them.

What exact reasons do you think speak against killing or injuring people for violating your property rights?

Firstly, I already told you that I'm not a liberal.
Secondly, I also do not condone killing people out of a matter of principle.
Thirdly, your example is contrived and loaded.
 

Tambourine

Well-Known Member
Lol, you simply generalized the response to deadly force as a response to violence. Nothing over which to get worked up. You just misunderstood.
He's done that before.
I don't know if it's a debating tactic or if he really does not recognize a difference between lethal and nonlethal force.
 

Revoltingest

Pragmatic Libertarian
Premium Member
They committed a crime against your property by trespassing, making it legal for you to hurt or kill them.
Since you said "lounging", I wondered if you meant they were guests.
(I do know some unsavory people.)
If they'd broken in, I would have the legal right to shoot them.
Doesn't mean I would though.

What would you do in such a scenario?
What exact reasons do you think speak against killing or injuring people for violating your property rights?
I prefer to avoid harming anyone if I can reasonably avoid it.
Firstly, I already told you that I'm not a liberal.
You're still invited to opine.
Secondly, I also do not condone killing people out of a matter of principle.
Thirdly, your example is contrived and stupid.
Those in glass houses shouldn't toss stones at the intelligence of others.
 

Tambourine

Well-Known Member
Odd question.....
You haven't given me a reason.
Why would I want to?

My turn....
If you found Hitler sitting on your bidet in your bathroom, would you shoot him?

Post #6.
Same answer I gave to your other contrived question.

If you want, we can play this for infinity turns. Here's an extremely contrived hypothetical of mine: If Pol Pot broke into your house and started asking annoying questions, would you shoot him right then and there, even though it would really mess up your carpet? What if Kate Middleton vouched for him with her royal pedigree? And would you still kill him if he brought a bag full of kittens?

Since you said "lounging", I wondered if you meant they were guests.
(I do know some unsavory people.)
If they'd broken in, I would have the legal right to shoot them.
Doesn't mean I would though.

What would you do in such a scenario?
Call the cops/neighbourhood watch/Antifa hit squad to sort it out. Yell at them for being racist scum.
Throw rotten eggs and vegetables at them. The possibilities are endless and not limited to killing people because they existed threateningly in my neighbourhood.

I've got a curious question, though: Do you actually believe that you could tell right away whether a stranger was a Bad Person that warranted shooting them?

I prefer to avoid harming anyone if I can reasonably avoid it.
But you are cool with others killing people for trespassing, in principle?
 
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PureX

Veteran Member
Anders Walker, a constitutional law professor at St. Louis University, said that although it’s “very dangerous” to engage protesters with guns, the homeowners broke no laws by brandishing or pointing weapons at them because Portland Place is a private street. He said the McCloskeys are protected by Missouri’s Castle Doctrine, which allows people to use deadly force to defend private property.

“At any point that you enter the property, they can then, in Missouri, use deadly force to get you off the lawn,” Walker said, calling the state’s Castle Doctrine a “force field” that “indemnifies you, and you can even pull the trigger in Missouri.”

from
Just In: As MO Police Investigate Real Crime, Soros Funded Attorney Threatens Armed Couple
Yes, as greed becomes more and more the motive behind every decision we make here in the U.S., these absurd laws are being written and passed. Eventually they will be challenged at the Supreme Court, and hopefully, there, they will finally be struck down. But until then, we will have these redneck states allowing people to play "wanna-be-lawman" behind the mask of 'ownership', or 'aggressive self-defense', or some other foolish reasoning, which will inevitably attract those among us who are just itching to shoot someone to feel the power.
 

Left Coast

This Is Water
Staff member
Premium Member
I did notice that in the many pix in the news.
But that really doesn't address my point about differing
standards on who can protect their property from whom.

I'm genuinely not seeing what different standard I'm employing here. If some pro-Trump protestors march down my street, and do so peacefully, I don't have a right to point a gun at them (although if they're open carrying, as some Trump supporters are wont to do, that does change the dynamic).

The actual double standard here is from law enforcement (and the Right broadly, which tends to be law enforcement sympathetic). Black people get killed in this country even when they're unarmed, and yet law enforcement and the Right make excuses and blame the victim, time after time. When white people literally point loaded weapons at unarmed protestors, law enforcement and the Right paint them as somehow victims or courageous heroes, and they're always alive at the end of the day to tell their side of the story. An armed black person, who dared to point a gun at a right-wing protestor? They would be dead right now.

That's systemic racism. That's why BLM is going to keep protesting through lily-white gated communities demanding justice. It's not engagement in a double standard. It's literally a protest against the double standard of an entire society.
 

Revoltingest

Pragmatic Libertarian
Premium Member
I'm genuinely not seeing what different standard I'm employing here. If some pro-Trump protestors march down my street, and do so peacefully, I don't have a right to point a gun at them (although if they're open carrying, as some Trump supporters are wont to do, that does change the dynamic).

The actual double standard here is from law enforcement (and the Right broadly, which tends to be law enforcement sympathetic). Black people get killed in this country even when they're unarmed, and yet law enforcement and the Right make excuses and blame the victim, time after time. When white people literally point loaded weapons at unarmed protestors, law enforcement and the Right paint them as somehow victims or courageous heroes, and they're always alive at the end of the day to tell their side of the story. An armed black person, who dared to point a gun at a right-wing protestor? They would be dead right now.

That's systemic racism. That's why BLM is going to keep protesting through lily-white gated communities demanding justice. It's not engagement in a double standard. It's literally a protest against the double standard of an entire society.
I'm off to do some landscaping.
Let's agree that no one should be pointing guns at protestors.
 

Cooky

Veteran Member
I think protesters trespassing on private residential property is a bad idea for obvious reasons.
 

amorphous_constellation

Well-Known Member
But until then, we will have these redneck states allowing people to play "wanna-be-lawman" behind the mask of 'ownership', or 'aggressive self-defense', or some other foolish reasoning, which will inevitably attract those among us who are just itching to shoot someone to feel the power.

Well, what's your specific strategy if you live in some unincorporated town, 20 miles away from any authority.. and someone comes and starts smashing stuff on your property? What if they break in, and start shoving stuff into a luggage bag in front of you. A problem is, that america is still a big spacey place. Some people live in pitch dark towns with no neighbors for several miles. At a far enough libertarian left position, you know you would believe as much in defense rights as would a right wing libertarian. The left's contemporary disgust with defense seems to be a trend toward some kind of red quadrant position, where apparently they try to condense all authority into metaphysical ideals.. Humans groups however, might always contain an authority class. And the red quadrant will inevitably lock down society more, the more the left tries to forcibly move toward it, where broader agreement from the populace is not indicated
 
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