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To: Tijeras_Slim
If I wanted to protect the beer in my garage, I’d just shut the door and turn on the motion detector light.

True enough, but I was responding to the absurdity that hunting over a baited trap somehow negated the right to defend one's own property, as guaranteed by the State Constitution.

43 posted on 02/13/2015 9:00:27 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Here’s the Montana state statute:

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.

The state’s definition of forcible felony:

(2) “Forcible felony” means any felony which involves the use or threat of physical force or violence against any individual.


52 posted on 02/13/2015 9:05:39 AM PST by Bubba Ho-Tep
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