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It depends on the HOA; the makeup of the charter, etc.

My neighborhood isn't an HOA, but there is an "easement" on the private road - technically, my property extends to the middle of the private road, so as soon as someone has come down the road to my property line, they are on my property. If they are not there at the invitation of one of the property owners, then I can claim they are trespassing - indeed, any of the owners of the adjoining property can claim the same.

One thing I learned in looking at the statutes in whatever state Arbery got shot in, was that it isn't actually trespass there until a person is told to leave and they refuse, or the area is posted. I don't know what OR law is, but it could similar.
 
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The homeowner's goal was, I assume, to ensure that damage did not occur to their property.
...

Let's also consider their property to be ALL their property, which includes cash. I would hazard a guess that they've already spent more on legal fees than it would have cost to fix a broken window or clean paint off a wall. From a pure property value analysis, it was almost certainly not worth it.

I get the feeling of being fed up with all this bullshirt, but a moment of self-righteous anger can be exceptionally damaging. And besides that, what harm befell the mob? Nothing -- in fact, each member of the mob is now potentially richer through lawsuits -- they helped the mob and hurt themselves. The lesson: keep your cool no matter what.

The McCloskys are not the winners here even if they prevail in every future legal challenge.
 
bah, edit not working-
so far one photo that someone claimed was a gun, but was a microphone on a video camera
and if the mob was actually armed, you retreat to cover, not stand mincing about with your guns on your front lawn... Did you see them aim their guns at a specific threat ? Tell anyone to put their gun down or they'd shoot ?
 
I would hazard a guess that they've already spent more on legal fees than it would have cost to fix a broken window or clean paint off a wall. From a pure property value analysis, it was almost certainly not worth it.
When you look at their property, I think anything they spend on legal fees might be just a drop in the bucket.
The ability to walk into the club with their brass balls-a-clangin' --- that's priceless.
 
Are they though?

Yes, according to media accounts, they are self-described BLM supporters.

If I were in their shoes, I'd be trying a lot right now to stave off any future vandalism from someone looking to come back at night to "get back" at me by hitting my property.

Would love to find some evidence of their BLM support before this incident to prove its authenticity.
You didn't see the pro-BLM signs in their window and on their lawn in the video?;)
 
Well their gun handling needs some work. The Mrs appeared to be walking around with her finger on the trigger, pointing it at just about everything including the back of her husband's head. :rolleyes:

Aside from that I certainly can't blame them for what they did. We are long past the point of actually "protesting." And the police and government have made it quite clear that they aren't going to do a damn thing to stop this. At the point that the angry mob breaks through your gate and threatens you on private property, I think you're entitled to let them know that you will NOT be putting up with their shenanigans.

Just how much are law abiding citizens supposed to take here?
 
1) "Yeah, so? Any worse than the dipsheits in office who lied taking their oath of office?
Nope.
"Lying to liars in the pursuit of real justice is no vice..."
Yup.

2) MannyGlocks
What I was criticizing was the judgement they showed in pointing their guns at the mob, not that they were ready to defend their home. They obviously have enough $ to pay for 1st class legal representation. Suhl and low ready would have been more appropriate for the situation. No, you are not wrong as to whether I would protect my home. I just would not have pointed my piece at the crowd as long as no weapons were displayed. The Persecuting Shyster in WA is Democrat lickspittle, so I would be afraid of malicious prosecution. New report in Bongino says the cops may be looking into charges of trespassing and 4th degree assault by intimidation - against the mob.

3) "It's tempting to like what they did but I'm not OK with people pointing guns at other citizens who are walking on a public accommodation or publicly accessible area."
The mob broke through a gate to enter private property. The street is not the public domain.
 
3) "It's tempting to like what they did but I'm not OK with people pointing guns at other citizens who are walking on a public accommodation or publicly accessible area."
The mob broke through a gate to enter private property. The street is not the public domain.

If you read the foxnews.com article, their lawyer says they only responded with firearms after they saw some "protesters" ie trespassers were armed and two individuals (agitators) made threatening moves and comments. After the display of weaponry, they were told that their house would be burned down, they would be killed, and their dog killed. That does it for me... don't threaten the dog!!!

They claimed that they had supported many people of color in cases preserving civil rights. So it would seem they got their feelings hurt by this mob. Don't ever tick off a lib!!
 
3) "It's tempting to like what they did but I'm not OK with people pointing guns at other citizens who are walking on a public accommodation or publicly accessible area."
The mob broke through a gate to enter private property. The street is not the public domain.

I'm not sure what the local laws are, but I am fairly certain that, for instance, running a random person off who has walked down my sidewalk and is knocking on my door by brandishing a firearm at them would land me in some degree of legal trouble, and that would be a clear case of them standing on my property. In the much fuzzier case of an easement, which is clearly meant to be accessible to the like of visitors to my neighbors, the FedEx dude(tte), and other various lost travellers, I'm not sure that a resident is on safe legal ground if they decide to use a firearm to threaten violence. I'm not a lawyer.

If you are a lawyer, or have some legitimate insight, I'd welcome some definite information.
 
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