More on guy OCing in his yard

[HeroHog]

Man illegally disarmed in his front yard by police

https://www.youtube.com/watch?v=19oOvzxCl7A

[230RN]

curtilage
kûr′tl-ĭj
noun
The area considered legally part of a house or dwelling by virtue of its enclosure by a fence or habitual use in domestic activities.
In law, the area of land occupied by a dwelling and its yard and outbuildings, and inclosed, or deemed as if inclosed, for their better use and enjoyment.
A yard, courtyard, or piece of ground, included within the fence surrounding a dwelling house.
The American Heritage® Dictionary of the English Language, 5th Edition.

Cf also

https://duckduckgo.com/?q=WIKI+CURTILAGE&t=brave&ia=web

Have at it.  Typical of the legal industy to take the simple "get off my lawn" concept and "yeah but" it into a debating situation.

Truly it is said, "Lawyers make the laws for the benefit of lawyers."

Terry, 230RN

[Ben]

The usual caveats apply that there may be more to the story. There are apparently more videos than this one out there, with perhaps different information.

My take is that the homeowner may have shown some initial overreaction that could be construed as "aggressive behavior". There might have been cause for the cops to temporarily restrain him or hold the pistol until the situation was figured out. However, later bodycam clips show the guy being calm and telling the cops the law that allows him to OC, which they say doesn't exist, but then we see them frantically googling on their phones.

The charges were dropped, but the cops are apparently holding his gun in evidence because he's suing the city, which, that does not seem legal to me.

https://youtu.be/19oOvzxCl7A

Oh, also, the cops went in and searched his home without a warrant. And reported him to Child Protective Services.

[230RN]

I believe this is the same incident already started / covered in"General":

https://armedpolitesociety.com/index.php?topic=68814.0

[Ben]

Oops. Merged.

[230RN]

Good warning about the caveats... after all, other facts will undoubtedly turn up.  However, in reporters' thirst for first, this is rarely possible.  I did want to put  up something about curtilage, though, as a possibly significant factor.  They should not have seized his gun in my opinion.  That "ongoing investigation" and "kept as evidence" crap is terribly abused.  No shots were fired.  What are they going to do, run ballistic comparisons with thin air?  Take fingerprints off it?  Or are they just taking him for "the ride?"

I tell ya true, if A neighbor's big dog chased my kid into the house, I'd have my voice up a few decibels and up an octave.  You can call that aggressive.

Investigation of child abuse? They're definitely taking him for the aforementioned "ride."

Terry, 230RN

[griz]

The commentator on the video says, "it's not illegal to have a temper".  True, but if you get mad and then strap on a gun, you're going to attract attention and it will be negative.

[230RN]

He was taken for a "ride."  Now his $300 an hour attorney has to battle with all the salaried government attorneys.

Right or wrong, he will be punished by that fact.

But I wonder, since he's out on bail, can he buy or even possess a firearm until he's won at the trial?

How long will the child be in custody?

He was taken for a "ride."

Terry, 230RN

REF (I looked around for "You can't beat the ride," found this for your refreshment):
https://www.haslettlaw.com/blog/2013/november/-you-may-beat-the-rap-but-you-cant-beat-the-ride/

And try not to get arrested on a three day weekend.  Courts won't be in session until Tuesday.

[Northwoods]

He was taken for a "ride."  Now his $300 an hour attorney has to battle with all the salaried government attorneys.

Right or wrong, he will be punished by that fact.

But I wonder, since he's out on bail, can he buy or even possess a firearm until he's won at the trial?

How long will the child be in custody?

He was taken for a "ride."

Terry, 230RN

REF (I looked around for "You can't beat the ride," found this for your refreshment):
https://www.haslettlaw.com/blog/2013/november/-you-may-beat-the-rap-but-you-cant-beat-the-ride/

And try not to get arrested on a three day weekend.  Courts won't be in session until Tuesday.

Uhhh, Terry, this didn’t just happen this weekend.  It happened at least a few weeks ago, possibly much longer ago.  Kid would have stayed with mom, not been taken by CPS.  Also states charges were dropped so he’s not barred from buying another gun at this time as far as we can tell.

[230RN]

Oh, the three day weekend thing was just a general hint I picked up in my younger days not directly related to this case.

I'm glad to hear of a better outcome.

But he was still taken fot a ride:  "You can beat the rap, but you can't beat the ride."