Author Topic: Whats the deal with Trespassing?  (Read 5710 times)

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Offline Aaro

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Whats the deal with Trespassing?
« on: July 02, 2007, 03:49:22 PM »
In the state of Georgia does someone trespassing and stealing from your land constitute the use of deadly force? Whats the proper protocol for this event?
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Offline bearfat

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Re: Whats the deal with Trespassing?
« Reply #1 on: July 02, 2007, 04:44:29 PM »
Aaro I don't know what Georgia law is but I'll be interested in watching the responses to your question.  If Georgia law says "No problem"  I'll be shocked.

I had an incident in my house where two male friends of my daughter got into a fight and some property of mine was destroyed. The main culprit that entered my house (unwelcomed and previously told to stay out) had caused many, many, many, problems over the years and I was fed up with it.

When the police came to file the report I was plenty mad and made it a point to loudly say to the police officer, "I've had my fill of that loser and I've told him to stay out of my house. The next time I find him in my house I'm taking it as a personal threat and I'm killing him."

The police officer looked me in the eye and said, "That's a pretty big price for property damage."

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Offline Graybeard

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Re: Whats the deal with Trespassing?
« Reply #2 on: July 02, 2007, 05:22:39 PM »
Dunno about GA law but as I understand current Alabama law you can use deadly force any time you feel you or your property is in danger as long as you are legally entitled to be where you are. This means you are under no obligation to retreat or try to flee and you can protect your life or that of anyone else or your property. Now I'm NOT a lawyer and DO NOT give legal advice but that is as I understand the recently new law passed in Bama as the Castle doctrine I believe it is called.

Here are a couple of links I found via Google on it:

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060813/NEWS/608130380/1007/NEWS03

Published Sunday, August 13, 2006
Critics say defense law will create vigilantes
Supporters say law gives residents power to protect themselves


By Jason Morton
Staff Writer

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While it is just a little more than two months old, a new Alabama law regarding a resident’s right to kill in self-defense is still generating strong opinions within the law enforcement community.

Dubbed the “castle law," it states that Alabama residents now have the right to stand their ground if threatened and use force, including deadly force, in certain situations.

In Tuscaloosa County, the district attorney and public defender worry that the Legislature’s relaxation of the self-defense restrictions could lead to vigilantism.

“The whole idea of having laws is to calm things down and try to preserve life, not have open season to take life," said District Attorney Tommy Smith.

But Alabama’s attorney general believes the law allows law-abiding residents to protect themselves while taking the legal upper hand away from the criminals.

“This bill was designed to take the scales of justice that were out of balance and tilted towards the criminal and give them back to citizens to protect themselves," said Attorney General Troy King. “I don’t think that’s vigilantism."

Changes to the law

Alabama law has always allowed residents to use force, including deadly force, to protect themselves in their homes or at work.

The new law, which took effect June 1, eliminates a provision that a resident, if threatened outside these two locations, must reasonably try to escape or flee before killing an attacker.

The change became a matter of discussion last month during the murder trial of Derrick Anthony White, when his defense attorney, Michael J. Upton, wanted to apply the new provisions to his client. Assistant District Attorney Lyn Durham argued that since White killed his victim before the law was passed, the old provisions should apply.

Tuscaloosa County Circuit Judge Steve Wilson ruled in favor of the prosecution, based partly on the fact that the law has no wording regarding its application retroactively.

Smith, who doesn’t like the change in the law, said the prosecution’s strategy wouldn’t have changed regardless of Wilson’s ruling.

But the judge’s decision allowed Durham to argue that White had a duty to run away. She also was permitted to ask him why he did not escape from the man he claimed came at him with a knife.

White testified that he tried to get away, but the jury convicted him of manslaughter, a reduction in the more serious murder charge.

In other states

In Florida, which was the first of 15 states to pass this kind of legislation, a case involving a cab driver who killed a drunken passenger is before the Florida Supreme Court regarding the retroactive application of the law.

The first jury deadlocked 9-to-3 in favor of convicting the driver, Robert Lee Smiley Jr. The foreman in Smiley’s case said Smiley had had several chances to escape his attacker.

Smiley tried to invoke the new law, which does away with the duty to retreat and would could have meant an acquittal, but an appeals court refused to apply it retroactively. The case is now being retried as the Florida Supreme Court determines whether the new law could apply.

The law had already come into play in Florida. A prostitute in Port Richey, who killed her 72-year-old client last month with his own gun rather than flee, was not charged. Similarly, police in Clearwater did not arrest a man who shot a neighbor in early June after the two argued, though the authorities say they are still reviewing the evidence.

Differing views

Tuscaloosa County Public Defender Bobby Wooldridge said he hasn’t had a case in which the new law would apply, but he would use it as a defense, even though he has mixed feelings about it.

“This is one more thing that makes us like the Wild West," Wooldridge said. “People can carry their guns around, get scared and start shooting. It’s one less thing that might guard against the use of deadly force.

“I’m certainly not in favor of it and I didn’t think it was a wise thing to pass."

Smith, who is often on the opposite side of legal arguments from Wooldridge, agreed.

“The fear here is that people will use the argument of 'I thought something was about to be done to me, so I shot,’ and 'I didn’t leave because I didn’t have to,’" Smith said. “That’s going to create situations that are just untenable. And that’s not just me talking, that’s every prosecutor and law enforcement officer anywhere."

Others share that view.

“In a way, it’s a license to kill," said Sarah Brady, chairwoman of the Brady Campaign to Prevent Gun Violence to the New York Times. She pledged that her group would fight the efforts of the National Rifle Association, which threw its support behind the law I many states.

Paul A. Logli, president of the National District Attorneys Association, said he thinks relaxing the self-defense provisions are unnecessary at best and pernicious at worst.

“They’re basically giving citizens more rights to use deadly force than we give police officers, and with less review," Logli has said.

But King, who was a strong supporter of the bill while it worked its way through the Alabama Legislature, thinks such concerns are overblown.

“It’s outrageous to say to citizens that you have to try and run away before you have the chance to defend yourself," King said. “I don’t think it’s going to lead to these kinds of 'sky is falling’ predictions coming true, but I hope it sends a message that causes criminal to think twice before they climb in your windows at night or tries to pull someone out of their cars."

The Republican attorney general said he contacted Florida’s attorney general, Charlie Crist, about the concerns of the law’s opponents. He said Crist, who is running for the Republican nomination for governor, said Floridians were more secure knowing they stop criminals who try to hurt them.

“The people of Alabama shouldn’t be cowed by criminals. They should have the right to protect themselves," King said. “Criminals don’t have the obligation to run. Why should citizens?"

Any claims of self-defense aside, Tuscaloosa Police Chief Ken Swindle and Tuscaloosa County Sheriff Ted Sexton said any case involving injury or death would be investigated.

That, Sexton said, should alleviate concerns about nervous citizens’ trigger fingers.

“Probable cause is still going to have to be presented to show that they were in fear of their lives," Sexton said. “People are still going to be held responsible for their actions, cases are still going be investigated and cases are still going to be sent to grand juries."

Swindle said claims of self-defense would be examined individually to determine whether it was justified.

“I see it as giving our good citizens, who need the right to be protected under the law, the right to protect themselves," he said. “But as in any law, and in anything that can be abused, it’ll have to be looked at on a case-by-case basis.

“If a person is doing what they should be doing and following the law, they should be safe."

Material from The New York Times News Service was used in this report.

Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.


http://www.governorpress.state.al.us/pr/pr-2006-04-04-01-gun-law-photo.asp

April 04, 2006

Governor Riley Signs Self-Defense Gun Law




Governor Bob Riley signs the self-defense bill into law at the State Capitol as legislators watch.  From left to right:  Sen.  Bradley Byrne, Rep. Albert Hall, Rep. Mike Hubbard, Rep. Scott Beason, Sen. Gary Tanner and Sen. Larry Means.
  Listen to the Governor's comments

MONTGOMERY – Governor Bob Riley signed into law legislation that gives law-abiding citizens greater legal safeguards if they use a firearm to protect themselves against people breaking into their homes or vehicles.


The measure removes language from current law that says a resident should not use deadly force during a break-in if he or she can "avoid using force with complete safety."


“With this new law, the decision of crime victims who choose to protect themselves and their families won’t be second-guessed,” said Governor Riley. “When you feel your life or your family is in danger from an intruder, you should be able to practice self-defense and not worry if a judge or court is going to penalize you.”


Similar legislation has recently been adopted in Florida, Indiana and South Dakota.


The legislation passed the Alabama Legislature overwhelmingly by a vote of 82-9 in the House and 30-2 in the Senate.

Governor Riley’s remarks delivered at the bill signing ceremony can be downloaded from the “Audio” section of the Governor’s website at www.governor.state.al.us

 


 



Bill aka the Graybeard
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I am not a lawyer and do not give legal advice.

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Offline Aaro

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Re: Whats the deal with Trespassing?
« Reply #3 on: July 03, 2007, 11:32:50 AM »
Reason I ask is because I almost caught someone stealing yesterday but couldn't pursue them on the road because I was in my off road Samurai. After the chase to the highway I realized they stole a lot of copper wire off us. My uncle is an electrician and stores his extra wire at a shelter back in the woods between my grandparents house and our house on my grandfathers land. I can tell by the tracks that they have visited several times and I think they may have killed my coon hound to shut him up so they could carry on silently. Anyways I am pissed to say the least and was wondering what my rights are in this situation. By the way I know someone will say call the cops but they really could care less we have had similar problems with trespassing before and they weren't interested at all.
"If guns kill people I can blame mispelled words on my pencil"
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Offline PA-Joe

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Re: Whats the deal with Trespassing?
« Reply #4 on: July 03, 2007, 11:47:23 AM »
Generally, you can only use deadly force if your life is in immediate danger. If they were running away from you or you were chasing them than your life was not in immediate danger! If you were standing between them and the road and they came at you that would be a different situation. You can't be chasing them and claiming that you where in danger.

Offline Aaro

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Re: Whats the deal with Trespassing?
« Reply #5 on: July 03, 2007, 05:09:00 PM »
Yeah that was my thought also I was just wondering what the actual Law said. I still wish I had come in form the other road and then they would have been cut off from all escape but hind site is 20/20.
"If guns kill people I can blame mispelled words on my pencil"
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Offline williamlayton

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Re: Whats the deal with Trespassing?
« Reply #6 on: July 04, 2007, 02:33:57 AM »
That dog is worth the price of a killing IMO.
Now, before you run off and tell momma on me, a THIEF is the lowest form of life in the world and I would not hesitate one minute too rid the world of one that is, really, not worth the price of the bullet.
The law in Texas will allow that---it is too bad most don't take advantage of this and help society out.
A murderer may repent a thief just gets mad because he is caught.
Blessings
TEXAS, by GOD

Offline Savage

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Re: Whats the deal with Trespassing?
« Reply #7 on: July 04, 2007, 03:22:46 AM »
I strongly agree with William. Can't stand a thief!! Had a similar problem years ago with thieves coming in off the power line to get to my place. They came on my property in 4x4s and 4wheelers. On the way in, they passed several "Posted" signs. I had some old cedar boards that I drove nails thru and concealed under the leaves and ground cover at the gap in my fence (where they had cut it). Came home one day and heard a comotion on the power line. Turns out that, there was a truck stuck on the power line with two flat tires and some of my stuff in the bed. They left the truck and walked down the power line to the nearest county road where a deputy and I met them. Charges were filed for criminal tresspass, and theft of property. Turns out they were felons on parole. Their parole was revoked, and off they went back to the farm. I love happy endings, don't you!
Savage
An appeaser is one who feeds the crocodile hoping it will eat him last,

Offline WaitsLong

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Re: Whats the deal with Trespassing?
« Reply #8 on: July 04, 2007, 07:57:48 AM »
Different states (locales), different laws and different officials.

"Threat to lif is a good guide", do not let your emotions run
away with you. Some states have a "make my day law":
if they broke in the HOUSE they are fair game.


Do some ground-work, I say to you and myself:
 
1)Read up on your laws and interpretations and the attitude
of local officials: DA's police. What would the jury pool look like?

2)Remote Cameras and computers are getting cheaper
all the time. Concealment is paramount. One positioned
to get a license plate number wound be great.
Remote infrared detectors are getting cheaper also: $30.

3)Get some neighbors to keep their eyes open; give them
your cell phone number. Do not give them confidential info,
they may be part of the thievery or they may gossip with
those who are thieves.

3)Go through the legal steps.
You can file a complaint, at the police station, even if police do
nothing, you are on record.[ I actually did this once, and after some
time it really did work; the cops had an earnest (non-violent) talk
with the guy, and after talking to his lawyer, he reformed.]
Learn to file a do-it-yourself restraining order.
Emphasize peeping, casing, stalking behavior, if it exists.
If he makes threats, you can file a complaint on this alone! Do it.
Do not make threats yourself.


Offline Dusty Miller

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Re: Whats the deal with Trespassing?
« Reply #9 on: July 04, 2007, 07:25:32 PM »
As strange as it may sound, here in the PRC we have a law that sez if somebody (other than an immediate family member) breaks into your home you are LEGALLY PRESUMED to be in fear of losing your life or suffering great bodily harm, in other words, OPEN FIRE!!  Now, if only our liberal friends could figure out that we need protection against criminals as we drive and walk the streets of our state on a daily basis.  Life COULD be a lot better.
When seconds mean life or death, the police are only minutes away!

Offline rockbilly

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Re: Whats the deal with Trespassing?
« Reply #10 on: July 10, 2007, 04:18:34 AM »
Texas lawmaker shoots would-be thief, police say
Associated Press
Tuesday, July 10, 2007


HOUSTON — A state lawmaker who opposed a bill giving Texans stronger rights to defend themselves with deadly force pulled a gun and shot a man he says was trying to steal copper wiring from a construction site, police said Monday.

Rep. Borris Miles told police he was fixing a leak Sunday night on the second floor of the Houston house he’s building when he heard a noise downstairs and saw two men trying to steal the copper. After Miles confronted the pair, one of the men threw a pocketknife at him, said Houston Police spokesman Victor Senties.

Miles, a former law enforcement officer, shot the man in the left leg, police said. The wounded suspect was being treated at a Houston hospital. Police were trying to identify the other suspect.

Charges of aggravated robbery are pending against the wounded suspect, Senties said.

Police said Miles, who is in his freshman term, is licensed to carry a concealed weapon. No charges have been filed against Miles, Senties said.

Miles, a Democrat, voted against a bill that gives Texans stronger legal rights to defend themselves with deadly force in their homes, vehicles, and workplaces. The so-called “castle doctrine,” passed by the Legislature this year, states that a person has no duty to retreat from an intruder before using deadly force. The law goes into effect Sept. 1.


Offline SHOOTALL

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Re: Whats the deal with Trespassing?
« Reply #11 on: July 10, 2007, 04:43:58 AM »
Check out the Bible , it gives good insight into this ?
at night if someone breaks in and you can't see his intent , you can use deadly force to protect yourself and love ones , in day light you must look at the intent , is he armed etc.
We should never kill because we can , but never hesitate when it is needed to protect !
I hope i take the Bible in the correct way when i feel it also applies to the mind of the intruder , if he appears to be ready to hurt me , i will take it that way when in fact he is only trying scare me !
on another topic it got heated over the states in the north requiring one to retreat , i don't understand or agree with this , it is my opinion that as individuals we concede some freedoms to take advantage of  living under the protection of a society !
if society fails to protect us it falls on ones self to do so ! , until society can take over , but at no time should the innocent be sacrificed by unrealistic restriction !
If ya can see it ya can hit it !

Offline rockbilly

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Re: Whats the deal with Trespassing?
« Reply #12 on: July 10, 2007, 05:59:20 AM »
Shootall, as I set here typing this response, I am nursing 156 stitches down the middle of my belly (surgery Monday a week ago).  Without the stitches, I am in fair shape for my age, and could likely hang with a younger man for a while provided he wasn't hopped up on drugs and as strong a King Kong.  In public, If I couldn't retreat, I may be tempted to face a situation a little differently than I would at home.   In my "castle" I do not intend to fight any person for self protection, or property protection.  When confronted, if the person doesn't flee I can only assume he (they) intend to do me bodily harm.  Under those condition, I WILL shoot.

Long before the "deadly force" issue came up, and was passed into law, my attorney advised me that if ever necessary to shoot, then shoot to kill.   A dead person can not testify against you in a court of law.  Additionally, courts have generally been more liberal to a thug that has been injured during the commission of a crime, than they have in providing for the family of a thug that has been killed.  In other words, you may pay dearly to support a thug that intended to take your life, and you only wounded them.  The award to the family in a civil court would be much less if the person were dead.

There is no warning posted on my front door, but be advised, day or night, if you cross that threshold without my (or a family member's) permission then I recommend you be prepared to meet your maker.  After the shooting, the first phone call will be to my attorney, and he and I will discuss the issue before talking to LEO.  I may be a victim, but not a victim of my own stupidity.

Offline SHOOTALL

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Re: Whats the deal with Trespassing?
« Reply #13 on: July 10, 2007, 06:41:36 AM »
ROCKBILLY , I'm with ya not against !
for the most part i feel the same , but on 2 different occasions at 2 different places I had people try to get in , the first a rather large man broke in the front door , it was 6am. on a Sunday morning ,I jumped out of bed grabbed the 1911 and met him half way up the stairs , he half fell half jumped back down and out the door , I saw no need to shoot , to this day i feel it was a drunk who thought he was at home ! the second time it was 2 guys that tried to get in for a survey ( case the joint ) for a later break-in ( police got them ) , when i tried to close the door one stuck his foot in and said he was coming in ! at which point i pointed the 1911 between his eyes and ask how many ????? he had as i only had 7 answers ! they ran and the police got then at their car , other neighbors had already called ! in either case had they not left post haste it would have been a different out come ! but i feel it was best not to shoot in either case as i have been told buy several lawyers that to defend ones self would cost around $ 40000.00 if you were in the right ! so i leave ego out of the equation !
the hard part , at best it is a split second decision ! watch the hands !
If ya can see it ya can hit it !

Offline WaitsLong

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Re: Whats the deal with Trespassing?
« Reply #14 on: July 10, 2007, 05:43:50 PM »

  Whats the deal with Trespassing?
 
It is not considered important, by itself.
And there is relief under Civil Law (you can sue),
so why should LEO's bother, unless their work-load is
very light at the time.

LEO's , ex-LEO's, and others lend your experience on this.
Property crimes are not considered as important as crimes
against people
, by many departments. So peeping,
threats, being crimes against people,  are likely to be higher in priority.

In some areas, vandalism etc are a felony so they might get
more attention. Is Breaking and Entering a home or business
always a felony? What about a garage or shed? I do not know.

Some departments look at all crimes as important, because they
see that the perps of small crimes will keep escalating. So you
are not doing the perp any favor by ignoring his small crime.

Offline williamlayton

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Re: Whats the deal with Trespassing?
« Reply #15 on: July 16, 2007, 11:53:39 PM »
I am my own, and my wife's, first line of defense. The police will have to know where the proper paperwork is located--and if necessary the BG will not know what the outcome is.
Hate??? I doubt that I would call it hate. I would call it a duty.
You do it your way--hang the law, when it comes too protecting my folks, I have a duty and if the courts can't agree, my folks will not have suffered harm because of the lack of morals of another.
Blessings
TEXAS, by GOD

Offline Cottonwood

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Re: Whats the deal with Trespassing?
« Reply #16 on: July 17, 2007, 02:21:53 AM »
Get yourself a couple of trail cams that you can get digital pictures of the suspects involved... copper wire is not worth taking a life over.  If its that big of a problem, remove the desire for theft.... ie secure it better.  A firearm is the last resort, and not always the answer you want to use when protecting property.... if my family's life or that of anothers life is not in danger, it just don't qualify in my book to shoot someone for stealing.

JMHO

Offline SHOOTALL

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Re: Whats the deal with Trespassing?
« Reply #17 on: July 17, 2007, 02:55:24 AM »
Montanan, you are right !
People forget that in a confrontation it is not what you would do , but the ? the court will ask is what would the average person do ?
If the defense of ones family is important enough to kill some one over copper wire , well that dog won't hunt !
If one is that set on defending his love ones why throw away the ability with one stupid act ?
can't defend crap sitting in jail !
The key to self defense is staying alive , both you and your wards , not killing someone else ! I can't think of one thing i own worth dieing over !
If ya can see it ya can hit it !

Offline Cottonwood

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Re: Whats the deal with Trespassing?
« Reply #18 on: July 18, 2007, 01:39:24 AM »
This story just happened to be in our local paper this morning:

Jul 17, 5:13 PM EDT

Man Charged for Firing at Intruder BBQer
 
ROY, Utah (AP) -- A man fired six shots at a backyard intruder who was trying to light a barbecue grill, police said. "Way odd," Police Chief Greg Whinham said. Michael Wilder, 66, was charged with attempted homicide after chasing Kory Scott and shooting at him.

"Nobody should wake up and find someone in their backyard doing anything, but the law's very specific that you can't use deadly force in that situation," Whinham said.

Scott was not injured in the July 11 incident. He twice tried to run away when Wilder confronted him, according to court documents.

"Stop or I'll shoot," the homeowner said, according to the documents.

Wilder fired two shots, followed by four more, police said.

A phone message left for Wilder was not immediately returned Tuesday.
 

Offline Dusty Miller

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Re: Whats the deal with Trespassing?
« Reply #19 on: July 19, 2007, 08:19:15 PM »
Just for the record, I'm not going to risk spending what few years I have left in a state prison for ANY property I own. 
When seconds mean life or death, the police are only minutes away!

Offline NONYA

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Re: Whats the deal with Trespassing?
« Reply #20 on: July 19, 2007, 10:28:35 PM »
If you shoot a person over a theft,when you are in no danger,your ass belongs in prison.
If it aint fair chase its FOUL,and illegal in my state!
http://www.freewebs.com/lifealongthedge/index.htm

Offline SHOOTALL

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Re: Whats the deal with Trespassing?
« Reply #21 on: July 20, 2007, 04:19:11 AM »
that's right !
If ya can see it ya can hit it !

Offline rockbilly

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Re: Whats the deal with Trespassing?
« Reply #22 on: July 21, 2007, 07:04:50 AM »
I totally disagree!  The problem with crime and punishment in America is there are too many bleeding hearts that seem to favor the criminal over the honest law abiding citizen.  

The law makers in the State of Texas has recognized this as a problem and gave the citizens of this state the RIGHT to use DEADLY FORCE TO PROTECT PROPERTY.  I don't necessarily advocate the use of deadly force for a minor crime, however, if necessary to prevent it, or to detain the thief, then so be it.  Further, if I have to shoot, it will be with bad intentions.

Since this law was passed the crime rate in Texas has deteriorated considerably, since there are more armed citizens the criminals are a little more reluctant to act.  The right to shoot a car jacker coupled with the number of people packing had reduced this crime tremendously in Texas.

In my opinion,  implanting the thought that they may be shot if caught makes it much safer for the honest citizens.

Offline NONYA

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Re: Whats the deal with Trespassing?
« Reply #23 on: July 21, 2007, 09:41:38 AM »
You gonna shoot some 16 year old kid in the back as he runs off with your car stereo?There is NO property theft that deserves a bullet,despite what some states may allow,if you are in no danger and you shoot a thief you are in the wrong in most states.
If it aint fair chase its FOUL,and illegal in my state!
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Offline Cottonwood

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Re: Whats the deal with Trespassing?
« Reply #24 on: July 21, 2007, 01:39:11 PM »
You gonna shoot some 16 year old kid in the back as he runs off with your car stereo?There is NO property theft that deserves a bullet,despite what some states may allow,if you are in no danger and you shoot a thief you are in the wrong in most states.

NONYA I don't know if you remember reading this I think it was a year or two ago, but in Missoula, Mt a home owner did just that.... shot a kid in the back of the head, as he was leaving the scene of the crime... I think it were some CD's or something like that..  But home owner is now in our state prison for the rest of his life because he shot the kid dead.

So what if in Texas you can shoot to kill protecting property legally....BUT that does not make it morally correct and they are worlds apart.

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Offline superjay01

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Re: Whats the deal with Trespassing?
« Reply #25 on: July 21, 2007, 04:24:53 PM »
I wanted to throw this little bit in this topic. No matter if you can criminally kill someone you are still going to have to deal with a civil trial. My guess is that till you get done paying a lawyer for the criminal end nobody is going to want to pay a lawyer for the civil trial as well. I know that in PA even if you shoot someone that broke into your house you better get ready to be arrested. It's pretty much guaranteed in PA that you will be arrested regardless of in any situation that you shoot someone. So you might save some of your stuff, but what's the value of it verses how much you are going to have to pay out in civil case.
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Offline rockbilly

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Re: Whats the deal with Trespassing?
« Reply #26 on: July 21, 2007, 05:55:04 PM »
Go back and read my post, I don't necessarily advocate the use of deadly force, and wouldn't shoot anyone in the back, especially a kid, but I wouldn't stand in judgment of someone who did.  I have been involved in two different situations  involving trespassing and theft, one shot at ME, I had him dead to right and could have blown him away, but didn't.  He was caught, charged, convicted, and spent a couple of years on vacation at the expense of the tax payers.  The second guy made some threats about whipping my butt, but had a rapid change of heart when looking down the barrel of my .357.  In all probability I could have shot this guy and never been questioned since his truck and trailer were on my property with a couple of my calves in the trailer.  I was much younger then, and in much better shape to take care of myself, today I might not be as considerate.

Under the new Texas law, effective September 1, 2007, a property owner can not be sued in a civil court for using deadly force.  


Offline NONYA

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Re: Whats the deal with Trespassing?
« Reply #27 on: July 21, 2007, 08:18:39 PM »
Montanan,i do remember the shooting,it was over a car cd player,thats why I used it as an  example,some dumb kid got shot in the back over a stupid mistake that many kids make,if you kill a person over a piece of property with no danger to yourself you are a murderer,plain and simple.I have hear several similar story's and all the shooters end up prosecuted for homicide,as they should.
If it aint fair chase its FOUL,and illegal in my state!
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Offline Aaro

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Re: Whats the deal with Trespassing?
« Reply #28 on: July 22, 2007, 02:44:44 PM »
Never expected this to go on this long as I haven't even checked in in awhile. The newest news is that my uncle spotted the car around town and got his plate numbers. He turned them into the law and they caught them burning the insulation off the wire a few nights later. Apparently we weren't the only ones that got robbed. Anyways grandpa decided not to press charges on account that there was no way to positively identify the wire and it would have drawn out into a large to do and the outcome would have probly been worthless. I agree with the idea that the price of some wire is not worth spending the rest of my life in jail but my concern comes at the fact that if they were brave enough to do this in broad daylight what would they be willing to do at night or when they thought we werent home? Anyways thanks for all the advice and I will keep yall informed if I have any more issues.
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Offline jhm

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Re: Whats the deal with Trespassing?
« Reply #29 on: July 23, 2007, 04:03:15 AM »
After reading several if not most of these posts I have some mixed impressions of what some people think of the term TRESPASSING, If you dont own it then you are trespassing plain and simple, And like many I feel it would be a shame to have to shoot some KID as has been stated several times over a car stereo or some CDs, HOWEVER if they continue and nothing is done they will no longer be a KID and only stealing car stereos and CDs they will expend their activities as they KNOW that nothing of any major consiquence will come from it, there is where I draw the line, the lawmaker need to change the law as to state that TRESPASSING and THEFT of another persons property can get you SHOT for a vary long time, dont get me wrong I am not advocating just shooting everyone around for steeling some minor parts from you, however if the thought of getting shot is planted in their head, like the thought of getting sued for defending you property is in your head some of them might thing twice about TRESPASSING and walking off your property with a little bit of your property.  Just think about it  JIM