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No he is well within his rights to answer his door carrying, the fact he may have brandished it in a threatening manner seems to be where the problem is.
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Quoted:
He shouldn't have answered his door with a gun.
No he is well within his rights to answer his door carrying, the fact he may have brandished it in a threatening manner seems to be where the problem is.
As I see it, the problem isn't with the homeowner answering the door while armed. And, for the record......if you answer the door with a firearm, it better be loaded.
The conflict comes from: if the homeowner did or did not.......point the gun at the "stranger." Intentionallly/knowingly, to cause a reasonable person to believe that his life was endangered under the circumstances...... Or at least words close to that....
So, not knowing what the statute there actually says.....I'm guessing.
Or, the statute there may just be backwards. Maybe the statute places the ball into the park of the "stranger?" It's about the feels of the stranger over what a......"a reasonable person believes."
So......most cops are suppose to be reasonable. If the cop was "reasonable." This would/could/should have been decided by the investigating cop. But, being that a
felony is being claimed. Well, somethimes it spirals out of control. Politics....yes, it matters. And, cops can be TARDS too. However, I'm not saying at this point, that the arrest is stupid.
But, we also need to look at the factors, such as:
1) How was the stranger dressed? uniform, clearly visibale logo from "whatever", ID badge visable?
2) Did the stranger say? I'm from the government, etc...
3) What time of day is it?
4) History of the neighborhood? The article was helpful in that respect.
5) Did the homeowner have posted signs? No trespassing, etc...
Anyway....it appears that this will be an interesting case for the residents of that community.
*This felony menacing statute......was probably written with the circumstance of being "in public" vs. in a person's own home...defending his life and property. If the statute was written/published with a "Commentary Section" more insight could be gained.
Aloha, Mark