Mark and Patricia McCloskey had every legal right to stand in front of their home holding guns while a group of rowdy protesters trespassed on their property, Newsmax legal analyst Alan Dershowitz told Newsmax TV.
"It's completely legal. It's completely both under the Second Amendment and completely legal under the general right of self-defense under the Castle doctrine," Dershowitz told Wednesday's "Spicer & Co."
"This is an easy case. They're in their own home. They have the right to have the guns they have. The people are coming illegally, trespassing onto their property. They're not trying to get them to stop protesting or speaking, so this isn't a clash between the First Amendment and the Second Amendment,"Dershowitz said.
The Harvard scholar said the McCloskeys were simply exercising their constitutional rights to guard their home from what they perceived to be a possible threat.
"They're simply doing what every American has the right to do. If the Framers of our Constitution had been told that under the Second Amendment, you can prosecute somebody for standing in front of his own home and trying to prevent potential rioters and violence-doers from coming onto their home and endangering their lives or their safety, the Framers would have said that's not what we had in mind under either the First Amendment or the Second Amendment," Dershowitz said.
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