Another Victim Shot By A Trigger Happy Homeowner

Enjoy this. It's going to get a lot worse.


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In most cases I'd agree with you, and reading Ohio's statute, it actually is a little more black/white than I initially realized. Burglary technically requires an offender to knowingly make unauthorized entry, but I can't see a DA itching for a prosecution in a situation where someone's completely inside a home. The burden of proof is on a DA to prove you acted unreasonably.

I suppose I'm just thinking about more ambiguous situations, like where maybe a person isn't really fully inside the property but is, say, near the doorway, opens a screen door, and asks if anyone's home - that kind of thing.
what is ambiguous about someone opening a window? that’s a breaking for breaking and entering, they obviously are already in the curtilge of your home.


now if they had walked up your sidewalk and knocked on your screen door that’s a different story…but opening your window? no that’s not ambiguous at all
 
what is ambiguous about someone opening a window? that’s a breaking for breaking and entering, they obviously are already in the curtilge of your home.

Not breaking and entering; simple burglary or trespassing probably, but not every state is going to allow you to blast someone for just opening their screen door.

now if they had walked up your sidewalk and knocked on your screen door that’s a different story…but opening your window? no that’s not ambiguous at all

Opening a side window? Of course that's attempted breaking/entering - not talking about that.
 


"A 65-year-old man has been charged with second-degree murder after he allegedly shot and killed a 20-year-old Saratoga County woman Saturday evening after the car she was in mistakenly drove up the man’s driveway. Washington County Sheriff Jeffrey Murphy said Monday that Kaylin A. Gillis was in a car with three other people Saturday night looking for a friend’s house. Murphy said the group mistakenly drove up to a house on Patterson Hill Road, as they attempted to turn the car around, the sheriff said, Kevin D. Monahan came out on his porch and fired two shots, one of which hit Gillis while she was seated in the car. No one from the group had left the car or tried to enter Monahan's house before he came out and opened fire, Murphy said.

Murphy said when officers arrived, Monahan would not emerge. Authorities spoke with him through a 911 dispatcher and in-person for about an hour before he was taken into custody. The sheriff said it was an "administrative decision" to send Monahan to the Warren County jail. Public records indicate Gillis' father is a correction officer at the Washington County jail. The shooting comes days after a 16-year-old Kansas City boy was shot and injured after he rang the bell at the wrong house to pick up his siblings."

I do not know why this guy felt compelled to come out shooting just because a car was backing out of his driveway; that is hardly a stand-your-ground justification. Maybe it would benefit gun owners to brush up on the laws in their state before they just assume castle doctrine laws means they can kill anyone at will as long as they claim "I was trying to protect my home".

As the story mentioned, this was days after Ralph Yarl was shot in the face thru the door by one overly trigger happy homeowner; and then shot him again.....but thankfully, Ralph survived and looks to be able to make a full recovery. Unfortunately, Kaylin's life was robbed from her because of another trigger happy homeowner..... but that guy was arrested right away....hopefully Ralph and his family will get to see the guy who tried to rob him of his life, arrested and be made to account for what he did too.


Probably because he is an asshole.
 
Humans have had gun powder for a millennia and arms for hundreds of years, and have not displayed this sort of irrational paranoia of each other.

Just another red herring that doesn't address the point I was making. Let me know when someone uses a swimming pool or a toaster to kill someone driving into someone's driveway to turn around or to kill 58 concert goers in Las Vegas.

The right to bear arms is in the Constitution.

Indeed it does, and it doesn't say which arms either, nor does it say that government can't regulate "arms". It does, however, say that Congress can regulate interstate commerce (Article 1, section 8), and in fact, the 2nd Amendment seems to say that "arms" should be in the form of a "well-regulated militia".

I don't care what post-2008 Supreme Court rulings have said on the matter, particularly in light of the fact that at least one (probably more than one) of the justices who've made those rulings has been fucking bought and paid for by conservative megadonors.

The 2nd Amendment has never, ever meant what you guys think it does; it's just that Demotards like fucken Chuck Schumer, Dickhead Durban, and Dianne Feinstein were too busy creating their own lifetime self-appointments in the Senate to keep up with what their counterparts were up to.

Republicans play to win; Democrats play to get fucked. Hopefully one day we can reverse that trend, but I won't hold my breath.
 
The girl was trying to turn around after making a wrong turn. Fortunately, there is no standing your ground law in NY.

His ass is done.

SYG is often confused w/ self-defense; it's really just a twist in the law that expands Castle Doctrine (no duty to retreat) to any place you're legally allowed to be. When I lived in Pennsylvania, which doesn't have SYG, it wasn't enough to argue you were in fear for your safety; you also had to try to retreat from the situation. Now if that's not possible (i.e., you're in your driver's seat with a seatbelt on, that's different), but out on the street, you had to show you made an attempt to get out of that situation or that you didn't have a chance to do so.

AFAIK, in no state that I know of does SYG/self-defense allow for someone to shoot someone outside their home even if they're on someone's private property -- not unless they are in the act of committing a forcible felony or threatening you or someone else with bodily harm. Walking up to someone's door and ringing the doorbell isn't necessarily trespassing; staying after they've told you to leave is, but not before then. Driving into a driveway wouldn't ordinarily be trespassing either.

So yeah, this guy is fucked unless he can plead insanity.
 
Not breaking and entering; simple burglary or trespassing probably, but not every state is going to allow you to blast someone for just opening their screen door.



Opening a side window? Of course that's attempted breaking/entering - not talking about that.
opening someone’s screen is a breaking in the attempted breaking and entering

the law doesn’t say yoj have to allow them to enter before defending your home

attempted breaking and entering is a serious felony
 
That's the first time I've seen anything about entering the home. I don't think that's accurate, but it could be. Okay then, so let's say that's what the facts ultimate reveal. So what do we mean by entering?

Forced entry? Doesn't look like it.

Opening the door and entering living space? Doesn't seem likely based on what's been reported so far, though possible.

Opening an outer door or outer screen door? That kind of entering?

Opening a door and ducking your head in to say "Hello, anyone hear?" That sort of entering?

Even if he entered, that's, what, technically simple burglary at worst? I can see how it can startle someone but jeez...a simple "Who the hell are you?! Get the fuck out of here!" would suffice, would it not?

See, that's the problem with guns. They change how people think. They change how people react. They change the dynamics of how to resolve a conflict or deal with a simple problem that could otherwise be solved with communication. People either completely overreact out of exaggerated fear, or they double down on aggressiveness because now they've got bigger balls than they would have if didn't have their piece and would rather prove that they're a tough guy.

Some years ago my mother had to fire her yard man for not doing his job and he must have told some of his lowlife pals that there were tools and shit that they could raid from her garage. Once in a while - maybe 2 or 3 times - I would see someone walk onto the property that probably didn't belong there, and I just tapped on the window. I think I even walked out once (at a safe distance) and asked what the deal was. There was a gun within reach if I needed it, but it was certainly not my go-to.

For fucks sake, God gave people brains: paranoid gun nuts should use them once in a while. I probably saved millions in legal fees that way.
It's not true, it is another radical right winger lie.

He was shot through the glass storm door.
 
opening someone’s screen is a breaking in the attempted breaking and entering

the law doesn’t say yoj have to allow them to enter before defending your home

attempted breaking and entering is a serious felony
No one did that. The old man shot him through a locked glass storm door.
 
opening someone’s screen is a breaking in the attempted breaking and entering

the law doesn’t say yoj have to allow them to enter before defending your home

attempted breaking and entering is a serious felony

Opening a screen door, you fucking illiterate moron. Jesus...learn to fucking read before responding you uneducated fuck.
 
No one did that. The old man shot him through a locked glass storm door.
The poster I was replying to posted that hypo. I was responding to the poster's hypo.

What the person did in the OP was in my view criminal....based on the reporting
 
yes and that's why I said if somone walks up the sidewalk, and knocks on the door that's not an issue

This is what you said...

opening someone’s screen is a breaking in the attempted breaking and entering

the law doesn’t say yoj have to allow them to enter before defending your home

attempted breaking and entering is a serious felony


Nothing about sidewalks and knocking.

So, what if they are opening the screen door to put a flying on the door knob, can they be killed for that?
 
This is what you said...

opening someone’s screen is a breaking in the attempted breaking and entering

the law doesn’t say yoj have to allow them to enter before defending your home

attempted breaking and entering is a serious felony


Nothing about sidewalks and knocking.

So, what if they are opening the screen door to put a flying on the door knob, can they be killed for that?
I was referring to a screen...not a screen door. People have screens on their windows.
This is what I said about screen doors:
now if they had walked up your sidewalk and knocked on your screen door that’s a different story…but opening your window? no that’s not ambiguous at all
 
Shut down all the television, cable, satellite, and movies, and shut down the internet. Ban cable TEE VEE.
Liberals created this situation

And in a free country such as ours there is no way to return to less insane times

We are doomed
 
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It's a lie
True.
"Figures lie, and liars figure."

I once researched some gun death figures. Of 576-gun deaths that occurred over a 7-day period (back in the 1980's) almost none were preventable. I'm sure this would also be the case today.
 
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