More trespassers

[augoldminer]

i loved the time i put a axe through the hood of a metal thiefs truck when i caught him in my yard stealing my metal stockpile for my mechine shop.

i had a mining claim that was posted and had a problem with nugget hunters. A simple couple bags of triple aught buck made it time comsuming to find anything.

 

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[nomad 11]

Private property no trespassing signs up all over , yeah I have but have not had time to do my entire yard yet

no spankin da englase ?

 

[nomad 11]

if you have so much schtuff and junk to worry about ? just get some cameras and then you can let the cops worry about the rest ?

 

[Clay Diggins]

Theft is not a shoot-able offense here unless they were attempsing to kill you to get what they want.

Shooting someone to prevent theft is not legal in any state.

Shooting someone in self defense is always legal but in some states you may be charged with other crimes - like unlawful possession of a firearm or discharging a firearm within city limits.

Here in Arizona we have the right to carry open or concealed without any permit or registration. We still don't have a right to shoot someone for theft. Protecting your stuff is not worth taking someone's life. Your stuff is never as valuable as someone's life. You can buy more stuff but you can't get a life back for any price.

 

[blueskyminer]

Shooting someone to prevent theft is not legal in any state.

Shooting someone in self defense is always legal but in some states you may be charged with other crimes - like unlawful possession of a firearm or discharging a firearm within city limits.

Here in Arizona we have the right to carry open or concealed without any permit or registration. We still don't have a right to shoot someone for theft. Protecting your stuff is not worth taking someone's life. Your stuff is never as valuable as someone's life. You can buy more stuff but you can't get a life back for any price.

Voice of reason.

 

[Tom_in_CA]

Shooting someone to prevent theft is not legal in any state.

Shooting someone in self defense is always legal but in some states you may be charged with other crimes - like unlawful possession of a firearm or discharging a firearm within city limits.

Here in Arizona we have the right to carry open or concealed without any permit or registration. We still don't have a right to shoot someone for theft. Protecting your stuff is not worth taking someone's life. Your stuff is never as valuable as someone's life. You can buy more stuff but you can't get a life back for any price.

I recently confronted some stealing vehicle batteries from our equipment (street sweeper business) and ... he was as surprised as I was, that I walked up on him at 2am. At first, I thought it was someone with legitimate business, doing something out in this street-side area. But as I walked up on him, and saw the tools (bolt-cutters, contents of the vehicle on the sidewalk, etc...) it became clear to me that this person was robbing our business vehicles !

I was not armed. I reached for my cell-phone, fumbling to call 911. The person, seeing what I was doing, began to simply walk away. I gave chase on foot. All the while, on the phone with 911. But naturally, he outran me. D/t I was busy arguing with 911 as to the address, description of individual, etc.....

So I suppose that, even if I was armed, I'm supposed to let this person just walk away ? Anyone else want free truck batteries, tool boxes, etc..... ?

 

[dognose]

I used to have the trespassing problem as well. My wife and I own 58 acre wooded area. We put up many no trespassing signs all around the perimeter of the property soon after purchasing the property.

We lease it to a hunter, and we have had trespassers hunting and mushroom hunting. That we rectified relatively easy with the sheriff and DNR.

A worse problem to solve was a large horse camp about 10 miles away which the riders would ride out of the camp, along the river to the old RR, up the RR and then cut though my property back to the old road where they would take back to the horse camp. A single loop would take many hours. These rides resulted in a large 10 foot path in our property winding around the hills and bluffs. Tearing up the ground creating mud bogs in a few places. The ignored the no trespassing signs and tore down our barb wire fence.

We visited the horse camp many times, talking to the manager. But because the riders often would be there all hours of the day, and with no oversight - he did not have any control where they actually rode.

Finally after many weeks of trying to find someone with any control, I got in touch with a lady whose number was posted on the board at the horse camp. She was the person who often put these rides together. But when we tried to get her to convey to the riders to stop trespassing we got the same old whine that she had no control over where the riders actually rode. We went back and forth in emails on trying to get her riding teams to stop trespassing on our property.

Well what finally put this issue to bed was me figuring out were she lived and sending her an email stating that the next time a rider team trespassed and tore up our woods, I was coming to her house, set up a tent and campfire in her front hard and taking a s%$t in her front yard.

Have not had a single rider since.

 

[IMAUDIGGER]

I know many areas in the larger cities, leaving something out on the street is practically like giving it away. Most expensive equipment you see is stored behind razor wire.

I have family that lives in Sacramento and they don’t leave their garage door open, because the neighbors will steal from them - even while they are home.

 

[N/A]

Where do you live and how big is your yard that you don't notice people on your property?

One simple sign should work

No Tresspassing
Owner is armed
and has PMS

 

[N/A]

Here in Arizona we have the right to carry open or concealed without any permit or registration. We still don't have a right to shoot someone for theft.Protecting your stuff is not worth taking someone's life. Your stuff is never as valuable as someone's life. You can buy more stuff but you can't get a life back for any price.

The criminals need to be taught to keep their hands OFF other peoples property because its NOT THEIR STUFF!! And good, law abiding people will use deadly force to protect their stuff they work so hard for...

 

[TxDigger2]

Shooting someone to prevent theft is not legal in any state.

It is in Texas-at night.

 

[PirateLabs]

Shooting someone to prevent theft is not legal in any state.

Shooting someone in self defense is always legal but in some states you may be charged with other crimes - like unlawful possession of a firearm or discharging a firearm within city limits.

Here in Arizona we have the right to carry open or concealed without any permit or registration. We still don't have a right to shoot someone for theft. Protecting your stuff is not worth taking someone's life. Your stuff is never as valuable as someone's life. You can buy more stuff but you can't get a life back for any price.

I totally disagree with your assumption here that it is illegal in EVERY state to shoot someone for theft. That covers so many different circumstances and possible situations that it is not possible to make such a broad and totally inclusive statement like that. 2 weeks ago, a guy broke into a house at 3:00 a.m. just up the street from me where 2 girls were living, he robbed them and left but came back in and shot them both killing one and wounding the other. We do not have to wait to see if they are just going to rob us here before shooting. Had the girls been armed and shot him as he was walking out the door he would not have been alive to come back and kill one of them and wound the other. So, you can be nice and "assume" that all they want is your stuff and they do not consider you a witness who could send them back to prison...I am not that nice. A human life is indeed a very valuable thing...starting with mine and my loved ones.

Bill

 

[DirtDiggerDaveinMD]

I totally disagree with your assumption here that it is illegal in EVERY state to shoot someone for theft. That covers so many different circumstances and possible situations that it is not possible to make such a broad and totally inclusive statement like that. 2 weeks ago, a guy broke into a house at 3:00 a.m. just up the street from me where 2 girls were living, he robbed them and left but came back in and shot them both killing one and wounding the other. We do not have to wait to see if they are just going to rob us here before shooting. Had the girls been armed and shot him as he was walking out the door he would not have been alive to come back and kill one of them and wound the other. So, you can be nice and "assume" that all they want is your stuff and they do not consider you a witness who could send them back to prison...I am not that nice. A human life is indeed a very valuable thing...starting with mine and my loved ones.

Bill

I'm all for self defense and the rights of people to protect themselves from the criminal element, and I believe everyone that can should be armed. However, If you shoot and kill another person for metal detecting on your property you are going to have a hard time. And most likely you will be sued into the stone age by the surviving family. Simple trespass is not a felony and it certainly not a sufficient reason to shoot someone. There is a big difference between a home invasion robbery scenario you posted and some shithead metal detecting where they shouldn't.

 

[Clay Diggins]

I totally disagree with your assumption here that it is illegal in EVERY state to shoot someone for theft.
Bill

I've been hearing this same legal theory for years but no one has ever been able to provide a law that says you can shoot someone for stealing.

I'm glad you came along Bill, it sounds like you are a guy who's so sure of himself that I'm betting you will be the one person who can finally prove you have a right to shoot someone for stealing!

 

[HighVDI]

Don't shoot them that's heartless.

The better thing would be sinking your sampson t handle into their head.














Just kidding of course!

 

[PirateLabs]

I've been hearing this same legal theory for years but no one has ever been able to provide a law that says you can shoot someone for stealing.

I'm glad you came along Bill, it sounds like you are a guy who's so sure of himself that I'm betting you will be the one person who can finally prove you have a right to shoot someone for stealing!

It is not a "legal theory". I have already explained it and gave examples and I do not have to "prove" anything. I live in Kentucky and, you can easily look up any and all laws associated with the protection of life and personal property. The single determining factor as explained to me by my weapons instructor for my CCDW License is that you simply need to be in fear for your life. I am not a lawyer and do not give legal advice so all of you need to make your own decisions on what would or would not make you in fear for your life. I am 60 years old and, even though this past year alone I had 5 people threaten to kill me, I did not shoot them as I did not believe them and it did not rise to my personal level of being in fear for my life. Had they said that to me on my property while stealing from me I believe the outcome might have been different.

Bill

PS Just Google: "Kentucky man shoots burglar." and see how many stories you get. i just read about 20 of them...all about folks attempting to steal stuff from folks homes that were shot and killed and not one of them was charged with a crime by the cops so, no jury or judge to convince. One was even about a 5 year old boy that shot and killed a burglar. I love Kentucky and America.

 

[PirateLabs]

I'm all for self defense and the rights of people to protect themselves from the criminal element, and I believe everyone that can should be armed. However, If you shoot and kill another person for metal detecting on your property you are going to have a hard time. And most likely you will be sued into the stone age by the surviving family. Simple trespass is not a felony and it certainly not a sufficient reason to shoot someone. There is a big difference between a home invasion robbery scenario you posted and some shithead metal detecting where they shouldn't.

Umm Criminal trespassing IS a felony in Kentucky. IF they are metal detecting and I tell them to get off my land and they threaten to kill me, now we have a different story don't we? You are trying to pigeon hole this into some neat, simple statement yet in reality, there are tons of different ways a situation might go down that would require/demand the use of deadly force...metal detecting or not. Everyone has to make their own decisions about this type of thing but, know this, shoot someone and yes, you will get sued but that means nothing at all. You can sue ANYONE for ANYTHING. If you are not arrested then they will never collect a dime from you in their suit. If you are not arrested then you do not have to convince a jury of anything.

Bill

 

[Charlie P. (NY)]

So I suppose that, even if I was armed, I'm supposed to let this person just walk away ? Anyone else want free truck batteries, tool boxes, etc..... ?

In NY - yes. Unless you can prove you felt your life was in danger it would be a hard sell to a judge and jury. Unless he was inside your home at the time. Although there are "legal" definitions of what trespass is (as well as fine points like whether YOU own the property or your company/employer does).

Otherwise, if you shoot anyone for any reason it is murder or attempted murder. In the home we have the Castle Doctrine and you do not have to "retreat" if you are threatened. If they make it out the door and you shoot them (especially in the back) the "justifiable homicide" defense goes out the window . . . just like the crook did.

Only the police can shoot someone on suspicion.

 

[A2coins]

All you need is a Doberman

 

[DirtDiggerDaveinMD]

Umm Criminal trespassing IS a felony in Kentucky. IF they are metal detecting and I tell them to get off my land and they threaten to kill me, now we have a different story don't we? You are trying to pigeon hole this into some neat, simple statement yet in reality, there are tons of different ways a situation might go down that would require/demand the use of deadly force...metal detecting or not. Everyone has to make their own decisions about this type of thing but, know this, shoot someone and yes, you will get sued but that means nothing at all. You can sue ANYONE for ANYTHING. If you are not arrested then they will never collect a dime from you in their suit. If you are not arrested then you do not have to convince a jury of anything.

Bill

Nope. Criminal trespass in the first degree is a class A misdemeanor. Second degree is a class B misdemeanor and a third degree offense is very likely just a fine, if convicted. Threatening to kill you and actually acting to kill you are very different things requiring two different responses. You seem to try to qualify your defense of your argument by adding the possibility, the "what if" of escalation to violence in every instance. More times than not escalation requiring an extreme defense does not materialize, especially from a simple trespass. Also, do realize if you shot a trespasser and killed them you can still be held civilly liable in a court of law for the death of that person. You don't need to be arrested or convicted...you just need to squeeze that trigger. And in today's anti-gun political environment you stand a very good chance of a judgement against you and losing everything. Remember OJ was found not guilty of murder but found civilly liable for the death of Ron Goldman. It happens more than you think. I hope you never have to find out the hard way.

First degree.
511.060 Criminal trespass in the first degree.

(1)

A person is guilty of criminal trespass in the first degree when he knowingly enters

or remains unlawfully in a dwelling.

(2)

Criminal trespass in the first degree is a Class A misdemeanor.

Effective:

January 1, 1975

History:

Created 1974 Ky. Acts ch. 40

6, sec. 101, effective January 1, 1975.



Second degree.
511.070 Criminal trespass in the second degree.

(1)

A person is guilty of criminal trespass in the second degree when he knowingly

enters or remains unlawfully in a building or upon premises as to which notice

against trespass is given by fencing or other enclosure.

(2)

Criminal trespass in the second degr

ee is a Class B misdemeanor.

Effective:

January 1, 1975

History:

Created 1974 Ky. Acts ch. 406, sec. 102, effective January 1, 1975


Third degree
511.080 Criminal trespass in the third degree.

(1)

A person is guilty of criminal trespass in the third degree when he knowingly enters

or remains unlawfully in or upon premises.

(2)

Criminal trespass in the third degree is a violation.

Effective:
January 1, 1975

History:

Created 1974 Ky. Acts ch. 406, s
ec. 103, effective January 1, 1975.