German exchange student killed. Montana SYG law

[orpheus]

International outcry. Officials demand justice.

http://www.cbsnews.com/news/german-offi ... n-montana/

[Svartalf]

What'zs the MT situation about castle laws?
and what the eff was the student doing there anyway?

[orpheus]

Why the hell did the guy shoot without warning? Why was he - self-admittedly - just waiting for someone to trespass?

Is killing of non-US citizens allowed by Montana SYG laws? Does any federal law say anything about this?

And does Montana law say anything about killing of a minor? (Dede was 17.)

[Hermit]

Just waiting for the sage from cloud-cuckoo land to come in here and leave his mark. The thread should then swiftly descend into the depths of the gun club.

[rainbow]

International outcry. Officials demand justice.

http://www.cbsnews.com/news/german-offi ... n-montana/

Bad Kaarma.

[Azathoth]

This guy has no chance of getting away with it. Left his garage open with a handbag in view then waited with a shotgun for someone to come in so he could shoot them. That isn't standing your ground.

[laklak]

Fuck, if I didn't have a fence around my pool and somebody trespassed and managed to drown I'd be liable. How is that different from a fucking open garage door and valuables in plain sight? Absurd. If what we're reading is true then this asshole needs to be put away, he's a goddamned menace to public safety. I'm a fairly vociferous supporter of gun rights, Castle doctrine and SYG, but this is something entirely unnecessary. Of course the kid shouldn't be in the garage, but the death penalty is a bit harsh.

[klr]

This guy has no chance of getting away with it. Left his garage open with a handbag in view then waited with a shotgun for someone to come in so he could shoot them. That isn't standing your ground.

You can never, ever be certain that someone will be found guilty in this sort of case, no matter how clear their guilt might be/

[Gallstones]

Why the hell did the guy shoot without warning? Why was he - self-admittedly - just waiting for someone to trespass?

Is killing of non-US citizens allowed by Montana SYG laws?

Non US citizens don't get to kill or assault people in Montana either. Why would they be immune?
And this is already being discussed in the Vigilante thread. I'm not going to make comments in two threads on the same subject.

Does any federal law say anything about this?

Why would it?

And does Montana law say anything about killing of a minor? (Dede was 17.)

There is no prohibition in the law from shooting a minor for being a minor if that minor is acting as a threat to life as defined by self protection laws. I doubt Montana is unique in this.

How absurd you'd think a person can't protect themselves from being killed just because the threat is under 18yo.

I have managed to find the law, the text of the law, the text of the complaint in this case.
You can do the same if you want to know.

[orpheus]

That's too limiting. I think SYG laws in general are absurd.

Self defense is not absurd. SYG laws are.

[Drewish]

Should this be considered standing your ground? No.
Should he get off using the stand your ground law? No.
Is this evidence against the validity of stand your ground laws? No.
Was the kid a thief? I don't know.

[Seth]

International outcry. Officials demand justice.

http://www.cbsnews.com/news/german-offi ... n-montana/

Here's justice: Don't fucking burglarize other people's garages in the middle of the night, you might get shot.

[Seth]

What'zs the MT situation about castle laws?
and what the eff was the student doing there anyway?

Here's the situation:

45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

[Seth]

Why the hell did the guy shoot without warning? Why was he - self-admittedly - just waiting for someone to trespass?

Because he'd been repeatedly burglarized and the police would do nothing about it.

Is killing of non-US citizens allowed by Montana SYG laws? Does any federal law say anything about this?

And does Montana law say anything about killing of a minor? (Dede was 17.)

Yes, no and no.

45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

[Seth]

Just waiting for the sage from cloud-cuckoo land to come in here and leave his mark. The thread should then swiftly descend into the depths of the gun club.

Go bitch to the state legislature, bitch:

45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.