Trespassing v2

[therealdeal]

Also, an intoxicated man willnot come into my home "by accident",

-end my quote-


-start your quote-

You sure of that? My brother was brought home one night he was 15, seems he was confused (drunk) and went into the wrong house, he broke down the door (Thought I locked it and was funning him as he did to me the week before) cops show up he is in the kitchen eating a bowl of cereal glad the homeowner locked himself in the bedroom and called 911 instead of killing my brother.

I am 100% positive no intoxicated man, woman, or child will come into my home "by accident". I was speaking of our specific home on our land(not anyone elses). Its really not possible for this to occur. I know drunks make that mistake. When we were 17, my buddy came back to our other friend's house drunk where he was staying for the night. Only problem, he went into the wrong home; he was one house short. The owner woke up and found Timmy eating a ham sandwich and drinking his red wine!! He had a history of blackouts all starting at about that time. He is still 'fighting'+doing things his own way, and I haven't seen him in yrs.

Some folks need to think about the situation before blazing away just cause the law says I can. You will feel real bad if you shoot someone and find out later it was all a mistake and you were never in any kind of threat.

This is a judgemental statement; you are stereotyping every person who has said they'd be willing to take a life during a home invasion who mentions the law. I never said and I never had any intention on shooting someone because I can or the law says I can. I am speaking about saving and protecting my family without leaving serious, dangerous mitigating factors to chance. I have no desire to take a life, and I take the subject with the utmost seriousness. Maybe you guys 'see the scenario' that I saw when I was younger w/my dumb friends- its not a threat(or we're not a threat). I 'see' the real threat, the craxy scary s&*^ that I see on tv and hear about in the news. My dad taught me when I was very young that there are a lot of crazy, messed up people in this world. He was right. I haven't given up hope- its nothing like that. I am a realist. I fear the worst when something we speak of happens, and I am ready for the stuff in between+the stuff on the opposite end of the spectrum if its not that serious afterall. Hopefully you won't get caught with your pants down if by some crazy, rare chance your 'lottery' numbers hit & you have someone coming in your house "by accident"(while his friend is lookout outside waiting to ambush you plus your family).

 

[blume357]

the burden legally will be on the person that is left....

keep that in mind... from two points....

#1: If you use deadly force on a trespasser or intruder then the burden may very well be on you to prove you feared for your life or someone else's... but at least you will be alive to defend yourself (again).

#2: If the intruder or trespasser is left and you aren't.. I'll bet they will claim they meant you no harm and only killed you to defend themselves.... or even if you are still alive and they are injured... I'll bet they will still claim they really weren't going to use the gun they had and were pointing at you..

I still remember an article in a sailing magazine that explained why one should never have a gun on a boat... seems the owners of a boat were killed by some guys who broke on the boat not knowing any one was on board... when the crooks were later caught they claimed they would not have killed the folks if they had not had guns.... that was the whole logic behind the writer saying one should not have or use a gun... because the murdering crooks claimed they would have not hurt anyone other wise....

 

[therealdeal]

Hear are some examples of the law. This isn't federal, its designated by your state. Be safe

a castle doctrine (also known as a castle law or a defense of habitation law) is an american legal doctrine claimed by advocates to arise from english common law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the castle doctrine.

Castle doctrines are legislated by state, and not all states in the us have a castle doctrine. The term "make my day law" comes from the landmark 1985 colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home.[2] the law's nickname is a reference to the famous line uttered by clint eastwood's character harry callahan in the 1983 film sudden impact, "go ahead, make my day."

conditions of use


in general, one of a variety of conditions must be met before a person can legally use the castle doctrine:

-an intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
-the intruder must be acting illegally—e.g. The castle doctrine does not give the right to attack officers of the law acting in the course of their legal duties
-the occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
-the occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
-the occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force

in all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the castle doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.

duty-to-retreat
"castle laws" remove the duty to retreat from an illegal intruder when one is lawfully in one's home.

stand-your-ground
other states expressly relieve the home's occupants of any duty to retreat or announce their intent to use deadly force before they can be legally justified in doing so to defend themselves. Clauses that state this fact are called "stand your ground", "line in the sand" or "no duty to retreat" clauses, and state exactly that the defender has no duty or other requirement to abandon a place in which they have a right to be, or to give up ground to an assailant.

 

[Uncle Buck]

Some very interesting opinions in this thread. I think I am in the minority, because I agree with the State Trooper.

I have rental houses and a big barn (garage) and a small farm, all located on the same piece of land that I live on.

If I have a vacant rental unit and I find out someone is inside of it with-out my permission, according to a lot of these opinions (and maybe even the law, the way some people are interpreting it) I have the right to shoot the person.

In my barn (garage) I have close to $50,000.00 worth of tools. If I catch someone inside of it...

On my farm I have cattle and other livestock. Rustling is still a problem here in Missouri. These cattle are part of my lively hood, so if I catch someone on the farm at night, or even the daytime...

It is very easy to say I would do this or that, but I know for a fact that using deadly force would be the very last resort and only if I felt threatened.

I have taken a life before and it is not a comfortable thing. I was justified, I was in danger and there was a very good chance I could have lost my life if I did not react the way I did.

My rental units could be repaired if they were damaged. My tools could be replaced if they were stolen and my cattle can be replaced if rustled. My family can not be replaced (although that crazy uncle, I wish I could find a replacement for him!) and if I thought their lives were in danger, I would do my utmost to protect them.

I would hope that everyone who post here understands that any situation in which you have to shoot someone is not a matter to be taken lightly.