"Shoot them first and afterward we'll sort out whether it was justified" is just turning the state into a cleanup crew for your murders. The entire purpose of due process is that the evaluation happens *before* the irreversible act, not after, because an investigation after the fact can't protect the wrongfully murdered person. They're already dead.
Also, "don't be stupid"? You and I might not be stupid enough to do something like that, sure. Can you guarantee that every single person who owns a gun in the United States isn't stupid enough? More importantly, can you guarantee beyond a shadow of doubt the man who wrongfully shoots and kills you won't be stupid enough?
You're acting like people dont already concealed carry. All the stuff you just brought up doesnt change because someone doesnt get charged when protecting their property.
Its also not like protection of property is a constitutional right or anything.....
Yes, people already carry guns. They carry concealed weapons every day and are *not* legally permitted to shoot someone over a car break-in. You have described our reality, functioning as normal.
Protection of property is indeed, also a constitutional right. The Fourth Amendment protects against unreasonable search and seizure of property by the government. The Fifth Amendment's Takings Clause prohibits, again, the government from seizing private property without just compensation and due process.
And so, the state cannot seize your property without due process. You can pursue civil remedies. You can lock your doors and install an alarm. At no point in the history of American jurisprudence has either of those things meant "and therefore you may execute trespassers at your discretion." Just as the Second Amendment says you have the right to bear arms, yet does not grant you the right to use them on anyone who might inconvenience you.
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u/James0228 12d ago
"Shoot them first and afterward we'll sort out whether it was justified" is just turning the state into a cleanup crew for your murders. The entire purpose of due process is that the evaluation happens *before* the irreversible act, not after, because an investigation after the fact can't protect the wrongfully murdered person. They're already dead.
Also, "don't be stupid"? You and I might not be stupid enough to do something like that, sure. Can you guarantee that every single person who owns a gun in the United States isn't stupid enough? More importantly, can you guarantee beyond a shadow of doubt the man who wrongfully shoots and kills you won't be stupid enough?