Yep, copy. My hypothetical really boils down to deadly force against a guy in your yard? Too many other nuances in the Landry case to compare.
Agree with all that 100%. Is your dwelling an extension of your home? I ask in jest because a dwelling is a dwelling. Nothing more nothing less. I feel a lot of people don’t grasp all these principles to this level. Circling back around again, it is why I question the extension phase because I feel it doesn’t do a good job at all of articulating specific meaning. At worst, it can confuse some people on something very important. Are we ready to start saying your yard is an extension of your home based on the non-specific definition of the word dwelling? You allude to that being a possibility for someone to say, but I’m thinking we are only bouncing off the periphery here in hypothetical land.
I have looked for the dwelling definition before dating back to the Landry case but never found it. I haven’t been made aware of any case law regarding it in a use of force situation either. It actually does surprise me that a yard is included in a specific definition. I suspect we are close to violent agreement on our personal thoughts on what the law would allow for these situations. Same goes for when you can legally have a firearm. I hope none of this fiction ever happens, but I hope the first LEO on the scene has your understanding understanding of all this.
I think the bulk of our disagreement is in the use of the phrase in question.
Concur. Interesting that others somehow miss this and think there was ever a disagreement on possession of a gun in a car. I’ll have to look it up, but me thinks that actually does not make me the imbecile. I guess that is for Mr Troedoff to decide. Keep it classy San Diego.