Thursday, August 1, 2019

Duty to Retreat in Public! Minnesota is a Code Yellow State

Yellow is “castle doctrine only, duty to retreat in public,”
 This is quite fascinating - so the glasses lady - (yes I got new 1950s big black generic glasses - the only kind that fit me for my outdoor work - and available via the free Canadian socialism healthcare that I am on via Minnesota)...

Only I HAVE to wear a strap - so I look like some "special needs" person. haha. Cuz I don't want my glasses flying off when I get sweaty in the forest or whatever. I hope my close vision adjusts here - ok so also the flirtatious young "glasses" lady adroitly changed the subject to "so what do you have going on for the rest of the day?" I mentioned that I hoped I didn't get shot at on my property up north as a bullet seemed to whiz by me. Anyway she says that her brother got confronted even though he was on their own property in northern WI. So apparently in the northern parts - if you don't introduce yourself to your neighbors then you're an "intruder" that can be shot at. hmmm. Oh well. I'll figure this out. haha.

so it's illegal to fire from 500 feet to another person's Building - but a "tent" is NOT a building. Plus their house is beyond 500 feet. So someone else was a gun person but still couldn't prove that the teenage neighbor was firing at him. haha. Pretty funny. He tried even firing back - and he tried talking to the dad - and he got yelled at - and the cop couldn't do anything. I'll go look up the teenager's name again - it's in the county record office. Then I'll go drive by to see if he has a "target" that he's shooting at - that faces my land... I want to make sure to know his name first. Welcome to AmeriKKKa............

OK I just confirmed - yes my neighbor is an environmental, labor, republican party member. This is the strange new "radical populist" combo of a democrat type status switching over....

Of course I am assuming it is the teenage son - the dad does not live there as they are divorced. But all I know is after each "hay bine" mowing then the shooting is interspersed. So maybe - whoever is doing the mowing is then taking target practice breaks.... or shooting at sparrows....there's no squirrels in the forest. I suppose the neighbor shot them all or something.

“Duty to retreat” means that you absolutely MUST retreat to a safe place, no matter what, and you’re going to have a very difficult time using “defense of self or others” as a defense against murder charges, because you also have to prove you had no choice but to defend.
 https://www.quora.com/I-see-signs-that-say-will-shoot-trespassers-Is-it-legal-to-shoot-someone-who-trespasses-on-my-property

 In stand your ground states, the property owner reserves the right to perceive a person as threatening and apply deadly force. If you don’t live in one of those states, you most certainly can not shoot people for trespassing alone.
 So the eyeglasses lady was wrong!! You can't just go shooting at people even if you think they are an intruder - in Wisconsin even - (although WI lets you do it from your car apparently).

I just wonder if the "right wing" has picked up on the "stand your ground" philosophy a bit too much - as in thinking they can deputize themselves into a posse. "Stand your ground" in Virginia:

 So, if someone shoots at you, you may only shoot back as warning. If you kill them, and the homicide can’t be proven justified, you will be charged with manslaughter or murder.

The defendants offered a plea to the stand your ground law. It might have worked, but was rejected because they did not own the property that Coffey and his family trespassed on. They were tried separately and convicted.
So you can't go shooting at people just cuz you think they're intruding on land adjoining to your own!!

 Use of lethal force in a non-threatening misdemeanor scenario, like trespassing, will likely result in a criminal prosecution for maiming or manslaughter.

But consider private property large enough for the owner to engage in hunting on it. If they see a rustle in the bushes, how do they know it’s you, rather than the animal they are currently hunting?
The fact is that a rustle of a medium to large animal in the bushes looks the same whether it’s a human or some other animal.
 .... yeah but the rustle is not on their land! Of course if they shoot at the rustle and the bullet then goes onto someone else's land....

Depending on state and local laws “private property”, no hunting” and “no trespassing” signs must be located and annotated with contact information per local law to have effect.
OK I'll get the permanent marker and put up more No Trespassing Signs with my contact name on it.

 , but when the officer arrived I was told that because I did not have my signature on my "No Trespassing" signs, there was nothing they could do.
 First and foremost, there needs to be either a personal notification directly from the landowner to the trespasser in the previous year telling them that they are not welcome on the land, or the land has to be posted in a specific manner at least once a year.
  the landowner's signature or name and phone number need to be included. The signs need to be posted either every 1,000 feet or less, or 500 feet or less in woody areas where the boundary lines are not clear, or on all primary corners and at all access roads and trails.
I did this my first year - but the signs did not last - maybe a couple did...

 You might be shooting your neighbor who is trying to get the drop on the guy who is actually breaking in.
 https://www.quora.com/Should-I-shoot-a-burglar-entering-my-neighbour%E2%80%99s-house

 And does A lot of target shooting and skeet shooting so there's gunfire heard on his property frequently. A good bluff can deter A lot of people. If they even remotely think that they may get shot it will change their notions about taking chances trespassing.
So it's possible the neighbor thinks that I am a trespasser - or a potential one....

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY 9.41 allows use of force against a trespasser, 9.42 implicitly eliminates use of deadly force against a trespasser. You may push them off your land. You can’t kill them for standing on it. Unless you fear for your life. Sniping from your cabin in the woods doesn’t contain any threat of harm to you.


No comments:

Post a Comment