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More white people white peopling

The trigger discipline here is something special...
I mean seriously this is just amazing

Those people would be wrong

Castle Doctrine / SYG doesn't apply here when there's no reasonable threat. Even in Missouri.

This is just plain unlawful brandishing

Correct

Stand Your Ground laws are broader, generally applying to anywhere one has a lawful right to be (car, office, etc). But even that wouldn't apply here

Depends on how Missouri law defines it, it could be characterized as any number of things

It's just not Castle Doctrine / self defense (or proper firearms discipline)

It doesn't need to be a public sidewalk. It's not *their* private sidewalk

Now if the HOA came out brandishing a weapon, it'd be a different story (not least of which would be corporate personhood made manifest)

More for the "iT wAs A pRiVaTe SiDeWaLk" folks

Another angle on these two clowns itching to shoot them some black folks

[@averyrisch]
It wasn't private property; scroll up

And no, even MAGAts in red hats wouldn't be a threat in this scenario. Crazy how law is supposed to work the same regardless of political views of those involved 😱

You didn't scroll up, did you?

The filed plat showing it's a public road is in the thread, as is the National Register of Historic Places entry

Standard zoning practice in most municipalities too, an easement over a portion of each lot in a development

"They" didn't "smash the gate" – which is apparent from you only posting a pair of pictures, rather than video of anyone in the act or even nearby at the time

Indeed

A criminal defense lawyer, even

In multiple states!

#CryMoar

Missouri's Castle Doctrine statute: revisor.mo.gov/main/OneSectio…

Pay close attention to §563.031(2.)(2)

(TL;DR: you're entirely wrong)

Why would I chase ambulances? Are they committing crimes?

I'm still waiting on someone to copy/paste the Missouri statute that says the public is banned from accessing private roads

What do you think "Private Street" means, from a legal standpoint?

More specifically, which Missouri statute prohibits members of the public from walking on a "Private Street"?

The constitutional law professor who claimed the Castle Doctrine applied, even though the actual text of Missouri's Castle Doctrine statute was already here in the thread?

Yes, I saw it. That professor is quite wrong.

"Moreover, some professors ... how can one put this delicately? Some law professors' views on how a court is likely to rule on an issue are untainted by exposure to actual courts."
@Popehat

popehat.com/2015/05/19/how…
A very good guess

Now, next question: is it first degree trespass if you're traversing the private street to visit one of the houses on it?

A private road means nothing more than that maintenance is arranged + paid for by specific ppl vs all city taxpayers

(Trivia Note: MO passed a new statute a few years back enabling a court to force owners of private roadways to conduct maintenance)

1/
Anyone conducting lawful business – including walking to the Mayor's house – can legally access the private road without committing a trespass

It's functionally no different than a public road, just involving different crimes (trespass vs obstructing traffic)

2/2
@SamTheGeek
Depends on what you mean by "deemed a trespasser": in a colloquial sense, sure; in a legally meaningful sense, no

If you have lawful business somewhere on that street, you're not trespassing

This gets into the law of easements / dominant and servient tenements / etc etc, but it also makes intuitive sense if you think about it: the McCloskeys couldn't legally block a plumber, or an ambulance, or anyone else from visiting the Mayor's house either
@murphwv
Nope

Part of why so many of us have been LOLing at MAGAt clowns insisting that the "Private Street" signs had some magical powers

So it's your view that no one on that street can call a plumber? No yard maintenance services allowed? No ambulances?

Sounds like you need to read the thread again, more diligently

I explained how private roads work right here in the thread you're commenting on

It's not my fault you're late to the party and revel in your own mental laziness

Missing some Tweet in this thread? You can try to force a refresh.

Keep Current with T. Greg Doucette

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