cshoff
Regular Member
imported post
Broondog wrote:
I will explain this one more time.
The definition of "dwelling" in RSMO 563.011 specifically states that a dwelling is:
You have to read ALL of the definition. The word "and" that I bolded above means EVERYTHING. Your "conveyance" only qualifies as your dwelling if it is "designed to be occupied by people lodging therein at night". There are no two ways about it whatsoever. Like I said, you cannot exclude words or parts of definitions simply because they don't suit your needs. If you were driving around in your RV or camper, you would be able to make a compelling argument under 563.011, but your pickup truck, your sedan, your convertible, or your sports car simply do NOT meet the requirements of this definition.
Broondog wrote:
cshoff wrote:Broondog wrote:Dude, do yourself a favor and quit before you butcher our statutes anymore than you already have.cshoff wrote....
Except that nowhere in RSMO 563.011 does it define a vehicle as being an "extension of your home" (a camper would be a different story as it would clearly meet the definition of a "dwelling"). So you can keep on researching if you'd like, but I can tell you that our Castle Doctrine only talks about where and when you can use force and/or deadly force.
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wrong. RSMO 563.011 says.....
(2) "Dwelling"[ means], any building[ or], inhabitable structure,[ though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging.] or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
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conveyance as defined by Websters is "a means of conveying, esp a vehicle.
what more do you want? conveyance means your car/truck/motorcycle etc etc. if it moves you it counts.
Re-read my reply to ComSec above. Learning HOW to read statutes is just as important as actually reading them. You can't selectively use the parts of these definitions that suit your needs, you have to include the ENTIRE definition.
(2) "Dwelling"[ means], any building[ or], inhabitable structure,[ though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging.] or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
seriously, tell me just what part of that is so hard to understand? i may not be highly educated but i do know how to read and comprehend the words and meanings.
and no, i won't give up.
I will explain this one more time.
The definition of "dwelling" in RSMO 563.011 specifically states that a dwelling is:
....any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
You have to read ALL of the definition. The word "and" that I bolded above means EVERYTHING. Your "conveyance" only qualifies as your dwelling if it is "designed to be occupied by people lodging therein at night". There are no two ways about it whatsoever. Like I said, you cannot exclude words or parts of definitions simply because they don't suit your needs. If you were driving around in your RV or camper, you would be able to make a compelling argument under 563.011, but your pickup truck, your sedan, your convertible, or your sports car simply do NOT meet the requirements of this definition.