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The Water Cooler
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<blockquote data-quote="inactive" data-source="post: 3228822" data-attributes="member: 7488"><p>21 OS 1289.16 can be inferred to believe that one can point their firearm <em>with</em> lawful cause. What is lawful cause?</p><p></p><p>21 OS 1289.25 allows one to use any degree of physical force (which could include pointing a firearm I suppose)... against another person who has made an unlawful entry into that dwelling.</p><p></p><p>But the pizza dude didn't unlawfully enter the dwelling, did they? They knocked and the door was willfully answered. So in a vacuum the statues don't protect Mr. Doe here. We'd need to look at what defines "lawful cause" to point a firearm. See: <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81374" target="_blank">http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81374</a> which I believe are jury instructions:</p><p></p><p>"Lawful cause" includes the pointing of shotguns, rifles, or pistols <strong>...(in defense of one's person/home/property)</strong>.</p><p></p><p>I think this could be enough to keep him from facing a conviction, but it's somewhat ambiguous and the statutes are written in a way where a feisty D.A. could try to prosecute.</p></blockquote><p></p>
[QUOTE="inactive, post: 3228822, member: 7488"] 21 OS 1289.16 can be inferred to believe that one can point their firearm [I]with[/I] lawful cause. What is lawful cause? 21 OS 1289.25 allows one to use any degree of physical force (which could include pointing a firearm I suppose)... against another person who has made an unlawful entry into that dwelling. But the pizza dude didn't unlawfully enter the dwelling, did they? They knocked and the door was willfully answered. So in a vacuum the statues don't protect Mr. Doe here. We'd need to look at what defines "lawful cause" to point a firearm. See: [URL]http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81374[/URL] which I believe are jury instructions: "Lawful cause" includes the pointing of shotguns, rifles, or pistols [B]...(in defense of one's person/home/property)[/B]. I think this could be enough to keep him from facing a conviction, but it's somewhat ambiguous and the statutes are written in a way where a feisty D.A. could try to prosecute. [/QUOTE]
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