"Trespassers will be shot" idiot convicted of murder - Page 3
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Thread: "Trespassers will be shot" idiot convicted of murder

  1. #21
    Join Date
    Apr 2011
    Location
    Northern Oklahoma
    Posts
    71
    Hey shortstop, you should only take your flag down at night if it is not lit up after sunset, but that is just my opinion.

  2.   
  3. #22
    JSDinTexas Guest
    Texas has an interesting take on no tresspassing signs. You can paint a purple stripe on a fencepost or tree or whatever at the edge of your property - must be purple, at least 1 ft long x 1 in wide, bottom of stripe between 3 ft and 5 ft from the ground - this is a legal no tresspassing sign in Texas.

  4. #23
    Join Date
    Jan 2011
    Location
    Central Arkansas
    Posts
    23
    FYI _ I cannot speak for the local courts interpretation and ultimate outcome but........

    Levees are only easements that give the govt. the right to maintain them and flood backwater areas when necessary and do not give the public right to trespass on private property.

  5. #24
    Join Date
    Nov 2010
    Location
    SE FL and SE OH
    Posts
    5,668
    Quote Originally Posted by Darroch View Post
    FYI _ I cannot speak for the local courts interpretation and ultimate outcome but........

    Levees are only easements that give the govt. the right to maintain them and flood backwater areas when necessary and do not give the public right to trespass on private property.
    Here, we owned the land they are on. We being the Agency of the State I worked for. Public and property owner's next to it only have access to it if we allowed.

    SFWMD Home Page

  6. ShortStop
    Originally Posted by Hamilton Felix
    The Second Amendment Foundation has neat little stickers that make it clear "the owner of this property is armed" and "there is nothing inside worth risking your life for." One of those on the door is far as I'll go. Even the "protected by second amendment" with a picture of the wrong end of a gun, is over the line. If forced to shoot, you want to look "regrettably forced," not "eager," when the investigators come after you.

    So you think I should take my DONT TREAD ON ME flag off my flag pole in my yard that flys in my small suburb neighborhood? Not a chance.
    Actually, I admire the Gadsden Flag.

    But in these PC times, I'll avoid anything that suggests I want to shoot.

    I'm no lawyer. I understand there are definitions of what constitutes (adeequately) "posted." And I think if someone's there and you tell them to leave, they were only committing "simple trespass." As I understand it, refusing the legal order to leave makes it "criminal trespass," and puts you on better ground for any use of force.

    But you can bet that in general, the gun owner will usually be the first target for persecution - I mean prosecution... In this case, the trigger-happy moron deserves to hang. But even when the property owner is 100% in the right, I wouldn't counting on walking free.
    “The police of a State should never be stronger or better armed than the citizenry. An armed citizenry, willing to fight is the foundation of civil freedom.” Heinlein

  7. Deadly Force and the Government

    When I was trained in physical security as a young Petty Officer in the submarine force I was made to memorize the following:

    "Deadly Force is that force which a person uses with the purpose of causing, or knows or should know would create a considerable risk of causing death or serious bodily injury. Its use is only justified as a last resort when all other lesser means have failed or cannot reasonably be employed and only under the following conditions:"

    1. Defense of items vital to the national security of the United States. (This was understood to mean Nuclear, Chemical, or Biological weapons material as well as certain types of classified information)

    2. Defense of items not vital to the security of the United States but are inherently dangerous to others. (This was understood to mean conventional weapons or explosives.)

    3. Self-Defense in the face of the threat of deadly force or serious bodily harm.

    4. Defense of other persons in danger of death or serious bodily harm.

    5. Apprehension of persons known or beloved to pose a threat of death or serious bodily injury to others.

    6. Prevention of the escape of persons known or believed to pose a threat of death or serious bodily injury to others if allowed to go free.

    7. Lawful order of the President of the United States or one of his duly appointed representatives. (If an officer says "shoot that guy!" or "shoot anyone who crosses that line" deadly force is authorized. Theoretically it is as if the one giving the order pulls the trigger and will be held accountable.)

    These were known as the 7 laws of deadly force and had to be memorized and expounded upon for qualification. Some of them no longer apply as I am no longer required to guard nuclear material or classified information, but I still use this as a guide for when to shoot.

  8. #27
    Join Date
    Apr 2011
    Location
    Sandpoint, Idaho
    Posts
    1,315
    You cannot shoot someone for trespassing. You cannot shoot someone for stealing from you. You cannot shoot someone for destroying your property. You cannot even shoot someone for bursting into your house.

    That being said, if in any of those circumstances you feel your life or the lives of your family members are in imminent danger, you are justified in using deadly force.

    However, THAT being said, nine times out of ten you are still going to be either detained, questioned, arrested, cited, charged, or made to stand trial.

  9. #28
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Where, when and if you shoot someone is dependent on various state laws, anyone breaking into my house has a problem, however: I do like the rules of deadly force posted by Doc Mustang. Any threat posed by an attacker will determine the response.

    Texas: Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
    (1) if he would be justified in using force against the other under Section 9.41; and
    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or
    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    Note 3A: If you are insured you have a problem, let it go insurance homeowners or otherwise means you can recover.

    Don't desire to shoot anyone, anytime, as noted ,final option, dependent on numerous variables. Peace, Love, Colt 45.

  10. Quote Originally Posted by localgirl View Post
    You cannot shoot someone for trespassing. You cannot shoot someone for stealing from you. You cannot shoot someone for destroying your property. You cannot even shoot someone for bursting into your house.

    That being said, if in any of those circumstances you feel your life or the lives of your family members are in imminent danger, you are justified in using deadly force.

    However, THAT being said, nine times out of ten you are still going to be either detained, questioned, arrested, cited, charged, or made to stand trial.
    Good guidelines but not entirely accurate. If someone bursts into your house, there is a common law doctine, reinforced by statute in some states that there is no duty to retreat from your own place of residence. IF someone breaks into your house there is an assumption that they mean to do you harm. As such deadly force could be considered reasonable.

    My wife has no way of knowing if someone who has just broken into our house is horribly lost, intends to steal our valuables, steal our kids, or rape her to death. That intruder's presence in our home is sufficient to cause her to be in fear of her life.

    Unfortunately there are states that, by statute, do not recognize this common law doctrine. In which case she would have to grab our kids, and retreat to some more secure area of the house or attempt to escape.

    One thing is certain if you are ever involved in a self defense shooting the following phrase (which should be committed to memory) will serve you well: "Sir, It is my intention to cooperate fully with your investigation. However, I decline to give a statement until I speak with my attorney"

    This way you and your attorney may review the events in confidence, not to hide details but to clarify events in your mind prior to making statements which may (and probably will) contain contradictions and inaccuracies. The FIRST person you want interrogating you is someone who is on YOUR side.

    Such representation is not cheap, should be arranged in advance, (keep a card in your wallet) and the cost may be mitigated by a self defense insurance policy.

  11. #30
    Quote Originally Posted by localgirl View Post
    You cannot shoot someone for trespassing. You cannot shoot someone for stealing from you. You cannot shoot someone for destroying your property. You cannot even shoot someone for bursting into your house.

    That being said, if in any of those circumstances you feel your life or the lives of your family members are in imminent danger, you are justified in using deadly force.

    However, THAT being said, nine times out of ten you are still going to be either detained, questioned, arrested, cited, charged, or made to stand trial.
    That depends on the state. In SC if someone breaks into your house you can shoot them. You can even shoot them in the act of breaking into the house (before they get inside). I'm not sure about tresspassing on your land (but not in your house) but I'm not going to shoot someone for that anyway unless they intend to do me or my family harm.

    If I catch them in my house or trying to harm me, my wife or our baby, I'll let everyone use their imagination as to what would happen.

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