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NJ Shore Residents Warn Looters

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    FNC senior judicial analyst Judge Andrew Napolitano on residents in New Jersey posting signs warning looters not to steal.

  • Duration 4:00
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People in some devastated new Jersey Shore towns all feel full of lucas' look at -- signs seen in front of a house in -- revenue just.

Quote house is occupied Buddha is legally -- and this one in mental looking New Jersey is more direct clearly -- -- will be shocked bodies thrown in rip off.

All rise judge Andrew to Pellicano is you know -- judge do you approve of sucks lines.

If you if you if you wouldn't mind and allow and -- change the question.

Does the constitution.

Approve -- -- -- the answer is yes it's a question the First Amendment free speech.

And the Second Amendment the right of people to keep and bear arms in terms of the First Amendment.

It's not a direct threat it doesn't it doesn't harassed or threatened a particular individual and doesn't suggest that a crime should be committed so it's clearly protected speech.

It's a little startling to see -- admittedly.

When your producer sent me those -- early this morning it's startling but it's lawful -- so Saddam.

But -- -- offering -- correct so now the question becomes can you use this yes that I wanna know what now so.

Okay I'm inside my own house I'm gonna illegally but registered -- and it is -- yes somebody comes up to the -- on I think.

Now in what circumstances.

Can -- shoot them.

The person has to -- Any any threat using.

Deadly force in whose judgment order jet in your judgment so in order -- you to be able to use deadly force against you can't shoot someone because they knock on your front door.

You also can't shoot someone because Iran's growing -- -- from the front of of your house you could use the gun to deter them.

From knocking on the front door or on school in the light -- but you couldn't shoot you couldn't pull the trigger.

You can pull the trigger.

If they haven't done if they have some other means.

Of -- -- nice for example baseball bat yes legit yes and -- if they.

Entered the plane if your house if they force their way through the front door.

You can use force to -- them because deadly force can consist of a person's -- -- a person's body may not be shot on the doorstep.

But inside the duel that can be -- yes OK John -- this.

This feels like it changes from state to state or federal famous case and -- south where -- guy was trick or treating.

And he was shot her and then the person who kill them there was -- exonerated here.

-- here you know here's the difference it's a great question in some states the the test is subjective.

What did the homeowner actually think.

In some states that test this object of what would a reasonable person not that home -- -- at a reasonable person knowing what that home on our new thick.

So in cases where it but what that he actually thinking homeowner usually wins.

In cases where what what are reasonable person I've thought homeowner could windows it seems to me -- the constitution allows the right to ban homes gives us the right to bear arms precisely for this reason -- -- -- you'll life.

And profits are absolutely correct and the recent case the Heller case however the addition of Columbia the Supreme Court suggest exactly that.

We're not talking about and a public street we're not talking about downtown -- talking about on your property in New -- but not in your car.

Not in your car that would vary from state to state.

But what does not very is.

On your property and in your house as long as the -- -- lawfully owned judge you very clear with clarity is something we like it's easy to be clear and you agree with the loss -- -- Yeah hot -- -- its attention they said yes.

But other pop pop pop pop pop after he does have a helium balloon and -- -- better than -- an -- -- -- that we that's -- met.

I'm John -- citizen does not my that went up.

I want you to call the election tomorrow who wins not who do you want to win who wins -- Charles Romney -- it's going to be a -- -- to acquire don't hedge.

Obama can.

Now we know where we'll stand that we let us effect standing there the critical CO Wednesday morning -- -- -- --