Limits to Castle Doctrine

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Limits to Castle Doctrine

Postby Markemp on Thu Aug 31, 2023 7:33 pm

https://www.kcur.org/news/2023-08-31/ra ... ansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.
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Re: Limits to Castle Doctrine

Postby jdege on Thu Aug 31, 2023 8:19 pm

Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


A storm door isn't a door, and locked, with respect to a storm door, means zilch.

And Minnesota doesn't have a castle doctrine.
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Re: Limits to Castle Doctrine

Postby warrlac on Thu Aug 31, 2023 10:00 pm

Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


https://lawofselfdefense.com/blog/

Andrew Branca takes on questions of this nature regularly in his daily blog. Hope this helps.
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Re: Limits to Castle Doctrine

Postby Grayskies on Fri Sep 01, 2023 12:58 am

Thompson said, “you do not have the right to shoot an unarmed kid two times.”


This Yarl was not a kid, he is 17.

This quote is so much nonsense. You don't have to be armed to pose a threat. In 2021 461 people were murdered with hands and feet.

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Re: Limits to Castle Doctrine

Postby Markemp on Fri Sep 01, 2023 6:38 am

Grayskies wrote:You don't have to be armed to pose a threat.


Is knocking on a door threatening? If that's the baseline for self-defense, it's a pretty low bar for shooting someone.
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Re: Limits to Castle Doctrine

Postby Rip Van Winkle on Fri Sep 01, 2023 11:56 am

What does this story have to do with Castle Doctrine?
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Re: Limits to Castle Doctrine

Postby xd ED on Fri Sep 01, 2023 2:25 pm

Rip Van Winkle wrote:What does this story have to do with Castle Doctrine?


Nothing.
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Re: Limits to Castle Doctrine

Postby Holland&Holland on Fri Sep 01, 2023 9:02 pm

jdege wrote:
Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


A storm door isn't a door, and locked, with respect to a storm door, means zilch.

And Minnesota doesn't have a castle doctrine.


My storm door locks.
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Re: Limits to Castle Doctrine

Postby Holland&Holland on Fri Sep 01, 2023 9:11 pm

Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


Hard to charge him with manslaughter considering the other guy is still alive.
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Re: Limits to Castle Doctrine

Postby jdege on Fri Sep 01, 2023 10:25 pm

Holland&Holland wrote:
jdege wrote:A storm door isn't a door, and locked, with respect to a storm door, means zilch.


My storm door locks.

So does mine, but you can pop the lock with a moderate yank.
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Re: Limits to Castle Doctrine

Postby Chunkychuck on Sat Sep 02, 2023 12:31 am

Holland&Holland wrote:
Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


Hard to charge him with manslaughter considering the other guy is still alive.


The way I read the comment was that the guy was lucky he didn't kill the kid. Otherwise he would be facing manslaughter charges instead of felony assault.
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Re: Limits to Castle Doctrine

Postby bstrawse on Sat Sep 02, 2023 7:41 am

Markemp wrote:https://www.kcur.org/news/2023-08-31/ralph-yarl-shooting-andrew-lester-trial-doorbell-black-teen-kansas-city

But Clay County Prosecutor Zachary Thompson countered that Lester shot Yarl through a closed and locked storm door. While state law allows people to have guns and defend themselves, Thompson said, “you do not have the right to shoot an unarmed kid two times.”

“Ralph was unarmed. Ralph was unmasked. He wasn’t yanking violently on the door,” Thompson said.


This is a tough one. A pretty tragic incident where a kid rang the wrong doorbell and was shot for it. I support the castle doctrine as far as it applies to your home and vehicle, but there should still a limit to how far it can be applied. You can't just shoot anyone on your property with the justification of "I was afraid." It too bad that he is getting the felony charges for this, but it does seem appropriate. Shooting through a locked door isn't reasonable at all.

The shooter should be happy he is just facing felony assault and not manslaughter. At least this kid has a chance to live his life.


This has nothing to do with castle doctrine. Even if it did, use of force still has to be reasonable and a person still has to be in legitimate fear of loss of life or great bodily injury in most states.

I don't see anyone thinking this was reasonable use of force.
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Re: Limits to Castle Doctrine

Postby Lumpy on Sat Sep 02, 2023 10:53 am

Perhaps we should have a forum named "Markemp's Socialist Utopia", where all threads he starts are moved to by default. :P
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Re: Limits to Castle Doctrine

Postby Holland&Holland on Sat Sep 02, 2023 11:05 am

jdege wrote:
Holland&Holland wrote:
jdege wrote:A storm door isn't a door, and locked, with respect to a storm door, means zilch.


My storm door locks.

So does mine, but you can pop the lock with a moderate yank.


Mine is a dead bolt style. Not saying one couldn’t break the frame but it is not much different than a normal house door lock.
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Re: Limits to Castle Doctrine

Postby atomic41 on Sat Sep 02, 2023 4:47 pm

Lumpy wrote:Perhaps we should have a forum named "Markemp's Socialist Utopia", where all threads he starts are moved to by default. :P



Our resident communist Mark has referred to Pedo Pete the POTUS as a "master statesman" on how he is dealing with the Ukraine conflict. I must assume that he approves of all of the brilliant statesman's ideas including his self defense advice. In this interview he says to just "shoot through the front door":

https://www.fieldandstream.com/articles ... interview/


Then in this interview below he has advised everyone to get a 12 gauge and shoot it outside of your house. Being the brilliant master statesman that he is, why are so many of you here not approving of shooting bad guys through the door? Do you not trust the advice of Pedo Pete?

https://youtu.be/Kj1GaX_-E-E?si=lnGTNAaD3c4HliTm
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