Chief Engineer
New member
The washer and dryer are in the attached garage, thus it is also a "laundry room" . In our case, no doubt.
Chief
Chief
Is your garage part of you home?
- Thread starter SQUAREKNOT
- Start date
I believe here (in Oregon), an attached garage is included as part of a dwelling, but a detached one would not.
I personally wouldn't react in the "If they're on my property, they're liable to get shot" way. I have an attached garage, as well as a detached shed. If I observe that someone's in the shed, they're not gonna get much more than a disused bicycle, a lawnmower, or various tools. In which case, I will arm myself in the event that the intruder does seek access to the house itself, call the police, and stay prepared in the event that the intruder ends up attempting to break in. If they're in the garage however, then they already HAVE accessed the house, then I would consider them an immediate threat.
I personally wouldn't react in the "If they're on my property, they're liable to get shot" way. I have an attached garage, as well as a detached shed. If I observe that someone's in the shed, they're not gonna get much more than a disused bicycle, a lawnmower, or various tools. In which case, I will arm myself in the event that the intruder does seek access to the house itself, call the police, and stay prepared in the event that the intruder ends up attempting to break in. If they're in the garage however, then they already HAVE accessed the house, then I would consider them an immediate threat.
SQUAREKNOT
New member
The law refers to the "dwelling" I did not have time to check further but in any case-dwelling to me at least would include an attached garage.
Bartholomew Roberts
Moderator
The various self-defense laws for North Dakota appear to be in Chapter 12.1-05 of the North Dakota Criminal Code.
I notice also that North Dakota still has a duty to retreat if you are not within a "dwelling." However, it appears that while Section 39-01-01 defines the types of motor vehicles that are afforded the same protection as a dwelling, there doesn't appear to be an actual definition of "dwelling" in North Dakota statutes. So for you, the question is doubly important since not only do you not get the "shortcut" discussed above if you aren't in a dwelling, you also have a duty to retreat if you can safely do so and aren't in a "dwelling."
I would look at the burglarly statutes and burglarly cases for North Dakota. Often, in other states, those statutes use the same definition of a "dwelling" and there is a lot of case law over whether or not breaking into a particular building was breaking into a "dwelling" for sentencing purposes. That might help you find an answer to your question.
I notice also that North Dakota still has a duty to retreat if you are not within a "dwelling." However, it appears that while Section 39-01-01 defines the types of motor vehicles that are afforded the same protection as a dwelling, there doesn't appear to be an actual definition of "dwelling" in North Dakota statutes. So for you, the question is doubly important since not only do you not get the "shortcut" discussed above if you aren't in a dwelling, you also have a duty to retreat if you can safely do so and aren't in a "dwelling."
I would look at the burglarly statutes and burglarly cases for North Dakota. Often, in other states, those statutes use the same definition of a "dwelling" and there is a lot of case law over whether or not breaking into a particular building was breaking into a "dwelling" for sentencing purposes. That might help you find an answer to your question.
SQUAREKNOT
New member
Definition is clear as mud
Legal definition of dwelling could be argued on both sides. I'm not a lawyer but it looks to me that an attached garage is part of a dwelling/structure/building. So it appears that anyone found in my attached garage is in the same jeopardy as someone found in my bedroom.
2. "Dwelling" means any building or structure, though movable or temporary, or a
portion thereof, which is for the time being a person's home or place of lodging.
3. "Force" means physical action, threat, or menace against another, and includes
confinement.
4. "Premises" means all or any part of a building or real property, or any structure,
vehicle, or watercraft used for overnight lodging of persons, or used by persons for
carrying on business therein.
Legal definition of dwelling could be argued on both sides. I'm not a lawyer but it looks to me that an attached garage is part of a dwelling/structure/building. So it appears that anyone found in my attached garage is in the same jeopardy as someone found in my bedroom.
2. "Dwelling" means any building or structure, though movable or temporary, or a
portion thereof, which is for the time being a person's home or place of lodging.
3. "Force" means physical action, threat, or menace against another, and includes
confinement.
4. "Premises" means all or any part of a building or real property, or any structure,
vehicle, or watercraft used for overnight lodging of persons, or used by persons for
carrying on business therein.
I recall a case sometime ago from Cali where some bum got picked up for being too drunk and breaking into the wrong apartment where he was found passed out on the couch, B&E. Then he was arrested for having weed back in the day when it was illegal in Cali, and then he stole a bicycle from an attached garage, burglary of a residence.
3 strikes got him life. So, in Cali, an attached garage is part of the residence.
I know don't do the crime if you can't do the time, but life for this loser is just a bit harsh when it keeps others out of prison who are more deserving when a judge orders release due to over-crowding.
3 strikes got him life. So, in Cali, an attached garage is part of the residence.
I know don't do the crime if you can't do the time, but life for this loser is just a bit harsh when it keeps others out of prison who are more deserving when a judge orders release due to over-crowding.
imthegrumpyone
New member
If anyone doesn't understand what part of "it belongs to me"
sorry for you!!
sorry for you!!
Please clarify what you are trying to say...As it relates to this topic "it belongs to me" means absolutely nothing. Are you trying to say that if something "belongs to you" you have an unencumbered right to use deadly force to protect it ? If so, then I suggest you research a bit further, as this is certainly not the case in all jurisdictions, thus the OP's question.
Depending on what State you hail from, it may not be legal in your own jurisdiction.
While the original question is vague to say the least:
I imagine that you would face prosecution for some sort of illegal homicide if you shot an univited person who was in your unattached garage which was 30 feet from your house with your firearm through your window and the garage window at a total distance of 35' or so. Imagine if the officer interviewed you and you said: "I saw him in my garage and he was messin with my stuff! that really scared me so I stopped him."
You might have a better defense if you shot the trespasser while you both stood in open doorways 30 feet apart. This still leave various facts not determined like whether the intruder had the ability to harm you.
An garage which is not attached to your home can have different legal statuses depending upon the legal question. Note what your home owner's policy says. Buildings which are not attached to your home are not covered under the same schedule of perils as the home structure or for the same amount of coverage.
I imagine that you would face prosecution for some sort of illegal homicide if you shot an univited person who was in your unattached garage which was 30 feet from your house with your firearm through your window and the garage window at a total distance of 35' or so. Imagine if the officer interviewed you and you said: "I saw him in my garage and he was messin with my stuff! that really scared me so I stopped him."
You might have a better defense if you shot the trespasser while you both stood in open doorways 30 feet apart. This still leave various facts not determined like whether the intruder had the ability to harm you.
An garage which is not attached to your home can have different legal statuses depending upon the legal question. Note what your home owner's policy says. Buildings which are not attached to your home are not covered under the same schedule of perils as the home structure or for the same amount of coverage.
Last edited:
Square Knot... I'm sure an 'attached' garage is part of your home..
with that said... a lot of folks get confused with laws... most states I don't think determine a difference between inside your dwelling and on your property... it is all your 'castle' along with your place of work often. In fact, in some states a public rest room has been determined to be the same as your home with no obligation to retreat even before newer castle doctrines.
with that said... a lot of folks get confused with laws... most states I don't think determine a difference between inside your dwelling and on your property... it is all your 'castle' along with your place of work often. In fact, in some states a public rest room has been determined to be the same as your home with no obligation to retreat even before newer castle doctrines.
in the appraisal of a home the square footage of the garage is not included in the home. legally it would depend on the prosecutor and also im sure as to if the garage door was initially closed or not. if it was closed i would assume it would be considered part of the home, although there is another sturdy usually bolted and locked door between the garage and inside of the home. if the garage were open i would think the most the intruder was doing was trespassing and could not be charged with burglary maybe theft which i dont think you can shoot someone for
Completely different issue.
At the very least the yard and any outbuildings are curtilage, and there is very likely some statute law and a lot of case law establishing your rights in that area.
While they are often more limited they will also be stronger than on public land (like the roadway).
Brasscatcher84
Moderator
That would certainly depend on the state in question. Here in Oklahoma, your home includes all "curtilages" ie porch, garage, carport, etc. Also, it includes your outbuildings if you or any member of your household are in that outbuilding when the BG breaks in. This info I got courtesy of my local District Attorney, who also teaches at the university I attend.
Brasscatcher84
Moderator
Also, forgot to mention, Oklahoma self defense act allows use of "deadly force" in "defense of property", but currently there is no case law to expound meaning into that phrase.
As far as im concerned my attached garage is part of my home and will defend my self if need be.
But here in California,defense of ones property (IE:car,truck and the sort)is illegal.So if some one were to try to steal it you could not shoot said robber.But said robber will be in for a rude awakening.I wont shoot him/her but mace or a few well placed punches will find the mark.I wouldn't stand there and let them steal from me with out doing something.
But here in California,defense of ones property (IE:car,truck and the sort)is illegal.So if some one were to try to steal it you could not shoot said robber.But said robber will be in for a rude awakening.I wont shoot him/her but mace or a few well placed punches will find the mark.I wouldn't stand there and let them steal from me with out doing something.