• LifeInMultipleChoice@lemmy.dbzer0.com
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    2 days ago

    So your comparing someone saying they will drag you out of your castle and rearrange your face, to someone not entering your castle. They aren’t comparable to me. The castle doctrine essentially puts the burden of proof on the state to prove you were not in danger. If someone breaks into your house, it is assumed you are in danger in states that use the castle doctrine. It isn’t illegal to turn around in someone’s driveway, therefore it is not illegal entry. The drunk person getting in your car scenario is a tough call. I’d say if the doors were unlocked and they get in the back seat then they aren’t illegally entering.

    The OP situation, you 100% can put a bullet in their head right in front of their kids and be legally covered. They don’t even have to wait to get touched, they can shoot the person charging over to drag them out of the vehicle. The state has to prove the dead parent wasn’t going to hurt them. The fact that they got out of their vehicle and headed towards your vehicle on the street would likely be all they needed to prove mal intent, the state wouldn’t even try to prosecute that.

    • SolidShake@lemmy.world
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      2 days ago

      That’s easy. Step one, lock the car door… There, you’ve been charged with mith murder for skipping a basic step because someone walked towards you. Bummer.

      Like I said numerous times before it depends on the situation, where you live etc. Read and understand the law. Getting the shit kicked out of you might not be considered anymore more than battery and wouldn’t be justified to shoot them unless your life was actually threatened.

      • LifeInMultipleChoice@lemmy.dbzer0.com
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        2 days ago

        Morally correct, no. Legally correct, absolutely. Sorry mate, but it is 100% legal to shoot someone approaching you in your vehicle after getting out of their vehicle in a manner you considered threatening here. They don’t have to touch you. The state has to prove that person wasn’t going to hurt you, which they cannot do if you got out of your cyber truck after being called a name, and went over to their vehicle in traffic. That dumby in the OP already flagged himself as a threat in an online post. If they lived in a state that has castle law, someone could call him over and shoot him and get away with it because their lawyer would say it was premeditated do to there post history.

        • SolidShake@lemmy.world
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          2 days ago

          Man you’d end up in jail I guess 🤷. But please learn the term “depends on the situation” because I’m tired of repeating it to you.

            • SolidShake@lemmy.world
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              1 day ago

              Okay so you’re in a parking lot waiting for whatever reason. A guy holding a grocery bag opens you car door, do you shoot him?

              • LifeInMultipleChoice@lemmy.dbzer0.com
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                1 day ago

                Your in a swimming pool, a guy is falling from a high rise, 20 people walk into a bar, and a bar says to the dinosaur, would you like a glass of milk?

                Do you feel threatened. That’s pretty much it. If you feel threatened by a guy with groceries there is likely something you need to see a therapist and work out. Also if you feel threatened by groceries, you likely should not own a gun, and especially not be carrying with you public. But if someone if trying to stab you with sharpened carrot or beat you to death with a tomahawk steak, please first consider running. Then if you have no other options because you think they have superhuman speed and strength and you twisted your ankle playing basketball yesterday. Plant your feet shoulder length apart, look at the center of his mass, and yell, Stop! In the name of Love, and hit him with the Supremes. Motown will solve most problems.

                • SolidShake@lemmy.world
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                  1 day ago

                  You’re taking a quote that I have long since not been talking about with different scenarios. Also it’s words for the internet, do you assume everyone in a car is this guy now?