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The person I was quoting alleged that one of the protesters had a gun and linked a picture. The object in question in that picture IN NO WAY appears to be a firearm.
Ohhh ... I thought the weapon Patricia McCloskey was exhibiting in an angry threatening manner was being discussed.
Is the other person under investigation? Or charged?
That map shows that the parcel on which the McCloskey house sits actually extends to include the portion of Portland Place road directly in front of the house. If this is accurate, and the McCloskey’s actually own the entire parcel on which their home sits, it would appear to clarify that the mob was indeed trespassing directly on the McCloskey property, and not just on communally owned property.
It's the unlawful use of weapons charge, not whether it's private property, or self-defense.
2005 Missouri Revised Statutes - § 571.030. — Unlawful use of weapons--exceptions--penalties.
In other words, it doesn't matter where they are, public or private property, all that is under consideration is whether or not one has ...
"Exhibited, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner."
Nope, read further down the statute - there is a self-defense exemption. The question is whether self-defense can be applied in this case and, if so, was the fear "reasonable".
That map shows that the parcel on which the McCloskey house sits actually extends to include the portion of Portland Place road directly in front of the house. If this is accurate, and the McCloskey’s actually own the entire parcel on which their home sits, it would appear to clarify that the mob was indeed trespassing directly on the McCloskey property, and not just on communally owned property.
That map shows that the parcel on which the McCloskey house sits actually extends to include the portion of Portland Place road directly in front of the house. If this is accurate, and the McCloskey’s actually own the entire parcel on which their home sits, it would appear to clarify that the mob was indeed trespassing directly on the McCloskey property, and not just on communally owned property.
The plot map on my parent's lakefront parcel shows their lot lines as a pie shaped wedge that goes all the way to the center of the lake - you figure they can charge trespassing for people boating/swimming across "their" section of the lake?
Nope, read further down the statute - there is a self-defense exemption. The question is whether self-defense can be applied in this case and, if so, was the fear "reasonable".
You are right, I missed that exception. Although it still doesn't matter where the armed encounter takes place, or who owns the property.
The plot map on my parent's lakefront parcel shows their lot lines as a pie shaped wedge that goes all the way to the center of the lake - you figure they can charge trespassing for people boating/swimming across "their" section of the lake?
Property laws are interesting. How far down do you suppose one owns the Earth upon which your property is situated?
(I always think about the 'Beverly Hillbillies' to remind me )
The plot map on my parent's lakefront parcel shows their lot lines as a pie shaped wedge that goes all the way to the center of the lake - you figure they can charge trespassing for people boating/swimming across "their" section of the lake?
No, because Federal Law states that navigable waterways are public use. What the situation you described is most often used for is so that the property owner can build a private pier that extends into the navigable waterway.
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