State VS Whipple https://casetext.com/case/state-v-whipple-31Not from Missouri so I am not so familiar with their laws but do know that have a stand your ground law in effect. Missouri has a law that allows citizens to defend themselves in public areas. There is not a duty to retreat. If you have a legal right to be in a location, then you also have a right to protect yourself if you’re in imminent threat of deadly harm.
That law also extends to the protection of others under the same philosophy. If they’re under imminent threat of deadly harm, then you can protect someone else. However, you cannot be in the course of committing a different crime (for example, you can’t be trespassing),in order to invoke the Stand Your Ground law.
Missouri allows you to defend yourself with the use of deadly force if you’re under imminent threat of deadly force, without a duty to retreat in public. These BLM thugs had broken down an iron gate to their property and ignored a "No Trespassing" sign on their private street. The couple said they felt their lives were in danger. That by law should have given them the right to protect themselves with deadly force if necessary.
No doubt the prosecuter is terrible and their lawyer must have been worse. I am not seeing how in the world they could have been charged with any crime. Here in Texas, The Texas Penal Code provides that posting “no trespassing” signs that would reasonably come to the attention to the intruders has the effect of providing notice that entry is forbidden. Once notice is provided, entering or remaining on the property without the consent of the owner becomes a violation of Section 30.05 of the Texas Penal Code. A violator of Section 30.05 is charged with criminal trespass, a misdemeanor.
Under our Castle Law....
Texas Penal Code § 9.41 explains that the use of force against another person is justified when:
Yes folks here in Texas you can get shot for trespassing. Many ranches put up signes that warn you that you will be shot.
- You are in lawful possession of land or tangible, movable property;
- You reasonably believe that the force is immediately necessary; and
- You are trying to prevent another person's trespass or unlawful interference with that property.
In other words, you can use force to defend your land or property to stop someone else from trespassing or committing a crime.
The use of force is justified in Texas if another person trespasses or otherwise unlawfully interferes with your property.
Trespassing: Trespassing occurs when a person enters and remains on land without your permission. This can occur if there are “no trespassing” signs posted on your property or if you tell a person to leave the premises.
Unlawful Interference: Unlawful interference can mean (1) attempted theft, (2) theft, or (3) other criminal mischief.
We have been told by the police to put a NO TRESPASSING sign in a visable place. So we have on in our front yard plainly visable. In this case anyone who enters our property without our permission gives us permission to stop them using deadly force if necessary.
You guys that carry should be very knowledgable of you state laws. Which is the advantage of getting a permit IMHO. Like I said, I do not know Missouri's stand your ground laws but it seems logical when there are NO TRESSPASSING sign visable and they idiots break down the iron security gate to your property you have the right to protect your property. These people need to appeal this decision and get it out of St. Louis.
State VS Whipple https://casetext.com/case/state-v-whipple-31
There's already existing case law in the court of appeals and defined jury instructions. Particularly of note is the bit about brandishing being self defense in the case of refusal to leave your property so long as the firearm is not pointing at the trespasser on your property but outside your dwelling.
Beyond that, if you leave your home to confront a mob that can surround you, you're a fucking idiot. Hold from a safe position. If that had escalated, they both die which in my opinion, is more important than whether or not they are convicted of a misdemeanor.
I think they were hoping to intimidate the mob by showing force & to just trying to get them off THEIR PRIVATE property. Now you can agree or disagree with that but intimidation works more often than not.
State VS Whipple https://casetext.com/case/state-v-whipple-31
There's already existing case law in the court of appeals and defined jury instructions. Particularly of note is the bit about brandishing being self defense in the case of refusal to leave your property so long as the firearm is not pointing at the trespasser on your property but outside your dwelling.
So if someone points their gun at you, you won't point your gun back at them? Got it.I don't think they would have had the issues with LE had they not pointed the forearms at THE ASSHOLE RACIST PROTESTERS.
If they had stood their ground showing the guns as protection (just in case) ?
Honestly I don't think I would have aimed or pointed at anyone. Just display to show that lethal threats will be thwarted.
Agreed. I am just glad I don't live in Missouri. Seems their stand your ground laws are worthless as you have no right to defend your property. There have been several occasions here where a drunk went up to the door of a house that was not his and started beating on the door and yelling. The property owner shot and killed them right where they stood. Absolutely no chanrges, not even refered to a grand jury. Our castle laws mean what they say. That is why these silly ass BLM or ANTIFA stay out of Texas unless it is Austin. It is always a good idea to know your laws well before you pull a gun on anyone.
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