22 Comments

Other peoples' property, not public property (with one exception, see below). Public property is commie nazi soshulism, after all. The <a href="http:\/\/codes.lp.findlaw.com\/alcode\/13A\/3\/2\/13A-3-23" target="_blank">language</a> of the Alabama SYG/Castle Doctrine law is that you can start cold shootin' anyone breaking into "a dwelling, residence, or occupied vehicle, or federally licensed nuclear power facility".

Breaking into a barn would certainly not provide cover for someone to shoot you. Breaking into an unoccupied vehicle does not place you in danger of (legally sanctioned) summary execution. Does a fish camp count as a dwelling? If not, shooter's in trouble. If the argument hinges on occupancy at the time, the shooter had good cause to know - and from the press coverage, has exhibited knowledge that - the camp was unoccupied.

It might be moot anyway, if the shooter was either of the two men in the party of three who had a felony conviction. If you're performing an illegal activity at the time of the shooting - such as being a convicted felon in possession of a firearm - you cannot invoke SYG.

I suspect all of this is why the party that included the shooter are saying they were firing "warning shots" and didn't mean to hit anyone. Like that story passes the sniff test.

Expand full comment

BerkeleyBear:

I think you did a nice job of summarizing the situation.

The whole idea that someone could be shot to "protect property" that the shooter isn't even in, is a terrible idea. It's one thing to be in the bedroom with your wife and kids, fighting off an intruder.

It's quite another to gun down somebody breaking into a "fish camp" that is probably worth about $1.98. To what purpose did this young lady die?

Expand full comment

Their excuse for these laws is that all break-ins to dwellings are potential kidnappings/rapes/murders/skullfuckings.

This is the kind of thing that happens when you make a prolonged and largely successful attempt to keep an entire population in a perpetual state of fear.

Expand full comment

They should probably also give the cops some "don't repeat what the person who just shot someone else gave as their excuse to stay out of jail as if it's established fact" training.

'Cuz the sherriff in this case is saying the bullet that hit Summer in the back of the head was a "warning" shot. Head shots aren't fucking warning shots.

Expand full comment

"Recent" is a little bit of a stretch: their cocaine convictions where in the '90s, Hearn's more recent legal trouble was related to a violation of his terms of release.

If the shooter had a felony conviction, that probably means their gun possession was unlawful, which would mean they can't resort to SYG/Castle Doctrine as a defense in the shooting.

Expand full comment

my country sometime makes me sad.

Expand full comment

Looks to me like the Alabama statute protects dwellings, not all properties. The shooter might actually be in trouble on this one.

Expand full comment

Thank you for not unloading a 12-guage in my chest.

Expand full comment

Not in Alabama. You can be in fear of someone else's life, or in fear that someone's about to get kidnapped, or just cold shootin' someone who's in the process of breaking in to a dwelling, regardless of whether currently occupied or not.

Since I'm not convinced fish camp counts as a dwelling, the shooter here might be in trouble.

Expand full comment

Dude, you're going all Poe's law here. They genuinely believe that.

Expand full comment

My Zebco 303 is priceless to me!

Expand full comment

It was the place next door to where the shooters were. Fishing camps can be shacks or fancy but their purpose in southern life is partying. I'd suspect the kids were looking for booze more than fishing gear.

Expand full comment

More than anything, an IQ test should be required before a gun can be acquired. Ther problem isn't armed citzens per se, it's armed dumbfucks.

Expand full comment

A fish, a fish, a fishy-O.

Expand full comment

Naw, just fishing w/ hand grenades.

Expand full comment

These guys would get het up over carp in camisoles, gars in garters, flounders in (wait for it) fishnets?

Well...it would be a funny old world if we were all the same, eh?

Expand full comment