Ataman
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The rules don't state that... but still... I think that if there's a guard, it should be killed first, instead of exploiting the mapmaker's shortcomings. As for why I didn't ask, I thought it was self-explanatory, like a default setting (If there's a guard, kill it, and then take what you want).
And during the blitz tournaments, that's all people talked about – that you can't use certain things until you kill the guards.