From: Michael S. Lorrey (mike@datamann.com)
Date: Wed Mar 29 2000 - 13:34:56 MST
Zero Powers wrote:
> >From: "Michael S. Lorrey" <retroman@turbont.net>
> >
> > > Yes, but you'd have to know it was a spy plane, right? I mean, you're
> >not
> > > just going to whip out your goose gun and take pot shots at any
> >moderately
> > > low-flying plane that buzzes over your property... right?
> >
> >Its my property, right? Since there is no law AGAINST shooting down
> >model airplanes that trespass on ones property, then it must be open
> >season..
>
> Even in the boondocks you have no right to destroy another person's property
> merely because you find it on your premises. That's called conversion and,
> yes, its against the law.
If your property trespesses on my property without your knowledge (i.e. if it is
livestock that has gotten out of its pen starts eating my garden), then I could
still kill it IF it was causing damage to my property. Conversion only works
with livestock, because of the so-called animal cruelty issue, and only if its
not causing damage.
Since a spyplane is being used to break my wall of privacy, and shooting it down
causes no injury to another person, then its not conversion either, because you
sent your property on my property with intent to cause me harm (i.e. disturb my
privacy). Entering another's property with intent is trespassing and is
defendable with non-lethal force. Shooting down a RC spyplane is not lethal
force, even if you use a gun to do it.
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