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49-1-103. Right to use force. Any necessary force may be used to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent, or other relative or member of one's family, or of a ward, servant, master, or guest.
County Attorney Fred Van Valkenburg tells KECITV that Dillon Torey Franklin faces charges of felony burglary, criminal mischief, criminal trespass to vehicles and disorderly conduct.
Police say a 77-year-old man was awakened by the sound of breaking glass at about 2 a.m. Sunday and found someone entering his house. The man told police he warned the intruder that he had a gun and to leave. When the man didn’t leave, the homeowner shot him.
Van Valkenburg said the homeowner will not be charged. Under Montana law, people have the right to protect their homes using any means necessary.
This article caught my eye because of the swirling controversies regarding intruder defense, as well as the general misinformation regarding gun ownership promulgated by the Left.
The writer was pretty matter-of-fact and unbiased until the last line: "Under Montana law, people have the right to protect their homes using any means necessary." This astonishing statement is flat-out wrong. "Any means necessary" suggests that there are no restrictions, conditions, or criteria regarding home defense. This is either ignorance or a deliberate misrepresentation.
Here are the applicable Montana laws:
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.
(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.
You will note that there are conditions regarding home defense. The homeowner has to have a reasonable belief that the use of force is necessary to prevent the owner from 1) being assaulted, or 2) to prevent a forcible felony. That is far from "any means necessary."
45-3-110. No duty to summon help or flee. Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force.
45-3-110. No duty to summon help or flee. Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force.
So the person does not have to run away or call the police if threatened with bodily injury or loss of life.
45-3-102. Use of force in defense of person. 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 conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.
This does not have to do with home protection. This is a public place, where people are being threatened. Once again, the use of force is allowed under the reasonable belief in order to prevent imminent death or serious injury. Note again that there are conditions.
49-1-103. Right to use force. Any necessary force may be used to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent, or other relative or member of one's family, or of a ward, servant, master, or guest.
This also does not have to do with home protection. Here the standards are lower. However, "any necessary force" is not synonymous with "any means necessary," obviously. But there are still conditions even so. The person about to use force to stop someone is acting to avoid wrongful injury or property damage.
We can conclude the writer, in attempting to suggest moral disapproval, is instead shown to be bending the truth to suit an agenda.
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MISSOULA (AP) — The Missoula County attorney says charges have been filed against a 22-year-old man who was shot in the stomach during a home invasion.
County Attorney Fred Van Valkenburg tells KECITV that Dillon Torey Franklin faces charges of felony burglary, criminal mischief, criminal trespass to vehicles and disorderly conduct.
Police say a 77-year-old man was awakened by the sound of breaking glass at about 2 a.m. Sunday and found someone entering his house. The man told police he warned the intruder that he had a gun and to leave. When the man didn’t leave, the homeowner shot him.
Van Valkenburg said the homeowner will not be charged. Under Montana law, people have the right to protect their homes using any means necessary.
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