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Defensive Gun Use of the Day: Union Organizers Edition

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“The union looking to organize workers at Boeing’s South Carolina plant has put its plans in a holding pattern, claiming workers are so opposed to signing up that they chased labor leaders off their porches at gunpoint,” foxnews.com. “The union filed an unfair labor practice with the National Labor Relations Board in which it alleged that ‘two organizers were threatened at gunpoint and others reported hostile and near-violent confrontations,’ according to a union press release.” Yeah. Maybe . . .

A Charleston police spokesman said there have been no reports of organizers having guns pulled on them in the city.

“We haven’t heard of any such reports,” the spokesman. “If it happened, they didn’t call the police.”

A spokesman for the Charleston County Sheriff’s Office also said there had been no reports of gunpoint threats directed at union workers.

“I am unaware of this type of incident occurring in the unincorporated area of Charleston County,” he said.

South Carolina law (Section 16-23-410) says it’s “unlawful to present or point loaded or unloaded firearm at another person” unless you’re doing so in self-defense or defense of other innocent life. Brandishing is a felony in The Palmetto State carrying a fine and a prison term up to five years. That said . . .

Criminal trespass is a thing, too. Check this from ask-a-lawyer.freeadvice.com

My name is Bob Johnston and I’m an attorney [sic] in Myrtle Beach. Believe it or not, there are 23 separate Trespassing statutes in South Carolina. The one that fits your problem is Section 16-11-620. It explains that there are two ways in which one can commit the crime of Trespass.

One, is Trespassing after being notified not to. Usually this is with signs, but can also be a verbal warning (which can be hard to prove), and it can also be done with certified mail.

The second type of Trespass is when they are already on your property and you ask them to leave and they do not.

No, you do not have to wait a certain period of time before the signs take affect. They are fully enforceable the second you hammer the last nail. If someone then Trespasses, you need to immediately call the police. Unfortunatley [sic], the police are given wide discretion in these matters and its [sic] possible that they may simply instruct the people to leave and not come back. Then if they return they are certain to be cited for Trespass. If the police come and just issue a warning, make sure you ask for a police report.

You should know that its [sic] perfectly legal to photograph your own property and even video tape it.

You should also know that if these people should damage your property in any way, or if they engage in any activity that is illegal, then there are additional criminal statutes that apply to that as well.

Whether or not you can point a firearm at a trespasser who refuses to leave your property varies from state to state. Suffice it to say, South Carolina isn’t New Jersey or California. But one thing’s for sure: don’t be selling a Sandlapper something they don’t want to buy, especially when they’re on their homestead, you’ve been asked to leave and they’re armed.

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