Mezz if you read the law for MI the castle law applies for anywhere on your property, and your vehicle if parked and approached. So you don't have to be in your residence to apply the castle law just on your land.
Look at the video again. He blocked their path and got into their way. I see the sledder's making one misdemeanor (recreational trespassing) and the other guy making one misdemeanor (destruction of private property) and two felonies (assault with a deadly weapon and battery). If I was one of the guys on the sled, I would take the video to the police. So I get a ticket, big wipe.
What was the assault with a deadly weapon his 70 year old hands? He didn't shoot the gun he just carried it. That is the problem with the world it's always someone else's fault.
That was the assault part. He was using the gun in a threatening manner and not a defensive manner. Threatening, in his hands. Defensive, holstered. He had no reason when approaching the sledders to have his gun drawn. They weren't an immediate threat. He could have had it down by his side or slung over his shoulder when approaching them. Same effect.
That was the assault part. He was using the gun in a threatening manner and not a defensive manner. Threatening, in his hands. Defensive, holstered. He had no reason when approaching the sledders to have his gun drawn. They weren't an immediate threat. He could have had it down by his side or slung over his shoulder when approaching them. Same effect.
Ok, I'm not a cop or a lawyer so didn't know walking with a shotgun is considered assault with a deadly weapon. I didn't really see where he pointed the gun at them in a threatening way yes he got a little crazy but just didn't see assault with gun maybe slapping they! According to press it was turned over to the authorities so hopefully someone can post what happens in the end.
So if you are trespassing (Knowingly or not, ignorance is no excuse for not knowing the law) you are going to confront a guy with a gun and claim he assaulted you by carrying a gun? LOL
And they weren't an immediate threat riding up to him on their 600 pound sled, that just as easily could have been used as a weapon? LOL
Now you're speculating. I'm not going to get into that argument. It would be like talking to my teenagers.
I'm sure that's what the guy with the gun thought.
Agree 100%. That's my position. Even if he has a trespassing problem in the past, it's for the police to handle, not for him to handle the way he did.Calm heads usually prevail. Unless the land owner has had trespassing issues in the past, I would say this was an overreaction on his part. Calm down and take a deep breath, this is not the end of the world. Call the police and let them handle the trespassers.
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Lol, so the guy has a shotgun in his hands, and a couple of you are thinking you would "drop the guy" for kicking your sled. Thats comical right there i tell ya!