“private street clearly posted “No Trespassing - Private Property” in multiple locations.“
In many places brandishing a weapon is use of deadly force. You cannot use deadly force for trespass in most places.
“5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.”
https://law.justia.com/codes/missouri/2005/t38/5710000030.html
By law, you can brandish a weapon in a lawful act of defense. And given the circumstances, they WERE defending themselves. And brandishing is NOT “use of deadly force”.
See: https://www.usconcealedcarry.com/blog/brandishing-law/
You can use deadly force if you have a reasonable fear of imminent serious bodily harm or death. They can most certainly make that argument. I can’t see any jury convicting them for defending themselves against a large, trespassing, armed violent mob which threatened them.
I read this morning that Missouri has the best Castle Doctrine laws in the country. The analysis this morning said they were on firm legal ground under their CD laws and they had rights to defend their property as soon as the trespassers set foot on it, especially with obvious hostile intent.
We’ll see.
One of the protestors was pointing there weapon at the home owners. They did nothing wrong.
Then what is the threshold where you CAN use it??