Question....About intruders and guns and shooting....and guns

[S13xCrazy]

So with the economy being so 'wonderful', I have been being VERY cautious as to leaving things unlocked and leaving things outside, however I am still a bit worried about some things.

I have a straight view from my room back to our family shop in the back of our land. Unfortunately we have a town park right next to our property, so It tends to get some attention. At night, I would be able to notice if the lights were on, or if someone was sneaking around back there (unless they have some sweet night goggles)

However, if I ever DID notice someone back there, I honestly don't know what I would do.

I am not a very large guy, I'm only about 5'8", 150 pounds (wrestler), So although I believe I could scrap with someone for a bit, I don't plan on running my *** back there and then shooting a double leg on an intruder, then trying to hold him down. And then who knows, maybe a few moments later to find out they are armed.

So being a Wisconsinite, we have more guns than boxes of cereal in our cupboards.

This is where my question comes into play.

What sort of actions can I LEGALLY take? Can I barge back there shooting a AK-47 in one hand and a rocket launcher in the other? Or can I only call into the police and wait while goods are hauled off before the police get there....if they get there....when they get there??

Just looking for input. Please, keep the "ID GO BACK THERE AND LIGHT HIS *** UP" crap. I want legal input only.

[Loki]

Just drop by your local PD and ask, "If I see an intruder on my property can I shoot him with extreme prejudice?" Simple!

[DevilMB3017]

These are commonly called "castle laws".

Essentially, you have a right to defend your castle. What is yours is yours, and not for the taking. Check with local laws, but remember this: You MUST be willing to shoot to kill.

Digest this: Shoot. To. Kill.

Dead men tell no tales. This means that they can't sue you for medical bills and pain and suffering if they are dead. It's hard to be 100% willing to kill someone.

[bobotech]

If you shoot, be prepared to be sued and deal with at least 10k in legal bills.

That is if you miss or maim. If someone is intruding and you feel threatened, shoot to kill.

Don't use the latest and greatest taticool weapon, prosecutors love them, they then show you as a crazy gun nut who was planning on killing with the latest and greatest whizbang weapon setup. Ask your local police dept what they suggest that you defend your house with. Then when the prosecutor asks you "why did you choose such and such a gun?" you can answer "Because it was recommended by the police".

You never shoot warning shots or try to just hurt the bad guy/intruder..

[rchboy]

its one thing to draw or flash a gun to protect your property, but its another to fire at someone. don't ever shoot when they have they're back to you as it looks like they were running from you. if the person has a weapon and they are facing you its usually safe to shoot. its always good to empty your magazine because that shows that you were truly afraid for your life. i had someone break into an old apartment i lived at, grabbed my paintbal gun and got them with that. fire rate is about 30 balls per second, the guy pretty laid down and gave up. i am all the proud owner of firearms but treat them as a last resort. there should be local firearms classes look for ones given by retired officers or officers doing it on the side for they will be the most knowledgeable.

[Mr1der]

property laws concerning this vary state to state.

you CAN go back there ask them wtf they're doing while holding a gun.

detain them or let them run like little girls...call the cops regardless.

[Marenta]

Okay.. this is hilarious.

One, pulling out a firearm to threaten or detain is called brandishing, and it is illegal.

Two, pulling out a firearm to injure somebody who is on your property if they are just stealing something, or trespassing, and not causing you any threat, is illegal.

Three, you must actually have fear for your life in order to use a firearm on your property.

Four, if you pull out a firearm and you only maim a target, you can actually be tried in court. It can be assumed that the person was not a serious enough threat to you for you to actually kill the person.

Five, when you do pull out the firearm ensure that you empty all the rounds of whatever ammo you have. DO NOT RELOAD. Empty the mag/clip/tube fully and place the safety on when you are done, if you are of sound mind to do so. IMMEDIATELY call 911.

These are general rules for a vast majority of the states. Some states might differ, but for the most part these rules are blanketed by all and rarely change throughout.

[rn79870]

If you found someone holding a knife to the throat of one of your family members, or even a friend in your home, you'd certainly be justified in using deadly force, but if you found someone stealing an old bicycle from your yard, I'd recommend using the 911 option.

As someone mentioned - after fighting a criminal case even if you won, you'd face a civil case that could potentially ruin you financially for shooting the thief.

As far as using a weapon goes, I've always felt that the sound a shotgun makes when you jack a round into it's chamber is sufficient to make even the most hardened criminal run like he!!. 12 gauge FTW.

[98s14inaz]

You need to see if your state has a "castle doctrine". If it does, all your required to do is...-call 911 and set the active phone down-yell three times "get off my property"-then yell "drop the weapon" three times (do this one first if he already has a weapon out)-Shoot the son of a *****-make sure it isn't in the back-make sure he has a "weapon" in his hand

[Urabus GodofTraction]

Don't get advice on such a subject from people like the poster above me. They're often wrong, and the laws are so varied from state to state that even if they're right for their state, they could be wrong for yours. Example: In Florida (and most states) all the calling and yelling is not required, nor is recommended (calling is, IF you have time). Do you really think someone who wants you dead will wait till you've said "drop the weapon" 3 times? No. Florida, with it's sensible self-defense laws, assumes all intruders have deadly intent. This means you have the right to defense on your property without have to warn, retreat, or tell the intruder to leave. (Though LEGAL and ETHICAL don't always match up). Your state varies, especially if your state has an "obligation to retreat" on the books. Take no more advice from the internet, and look up the statues and contact your local PD AND A LAWYER.

While you're talking to people, don't say things like "Castle Doctrine" and "kill the guy." Statements like that give ammo to the antis, and if you DO stop someone, and they find this thread, well, it'll add on to your legal bills. Use words like "right to self defense," and "intruder."

Okay.. this is hilarious.

One, pulling out a firearm to threaten or detain is called brandishing, and it is illegal.

If Florida, it's only brandishing if you do it without justification of deadly force. But yes, don't pull it out without the intent to kill. That doesn't mean you have to fire. MOST of the time, simply presenting a weapon will eliminate the threat.

Two, pulling out a firearm to injure somebody who is on your property if they are just stealing something, or trespassing, and not causing you any threat, is illegal.

Not if Florida. SB-436 "establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person." So, legal every time. Ethical? Often not. Again, it's state dependent.

Four, if you pull out a firearm and you only maim a target, you can actually be tried in court. It can be assumed that the person was not a serious enough threat to you for you to actually kill the person.

SB 436 gives us Floridians further protection from this. But yes, NEVER shoot to wound.

Five, when you do pull out the firearm ensure that you empty all the rounds of whatever ammo you have. DO NOT RELOAD. Empty the mag/clip/tube fully and place the safety on when you are done, if you are of sound mind to do so. IMMEDIATELY call 911.

No, no, no, no, no, no, no. You're not safe till the police arrive. What if you didn't stop the intruder? What if he's got a friend? Reload, hell, do a combat reload and put in a fresh clip if you've got one. DO call 911.

Of course, like I've just said, don't listen to me, ASK A GOOD SELF-DEFENSE LAWYER. Often the LEOs don't have the right answers
Modified by charlieo at 3:15 AM 8/3/2008

[dusred]

If you lived in Texas you can shoot them if they come onto your property no questions asked.

[EW]

If you lived in Texas you can shoot them if they come onto your property no questions asked.

Not quite. Laws vary from state to state. A car message board may not be the best place to get "facts".

[Marenta]

Not quite. Laws vary from state to state. A car message board may not be the best place to get "facts".

This is true.

What I posted are "GENERAL" guidelines. They are basic and are mostly true for the majority of the US. Now, there are specifics for states that entitle certain things. So, I suggest you look them up. It's very important that you actually do the research.

Some states have some of the things null for what I said, and some states have all of the things very valid. It's varied from state to state. Look it up, it matters. You can, and will, go to jail, if you are uneducated and you have somebody invade your property and you don't know what rights you have. So, please, do yourself a favor and learn about your state's firearm property statutes.

[Red coupe]

Why do people post up on international forums asking advice about laws...

Go contact ask the police and a lawyer. Don't trust Internets with important legal issues.

[S13xCrazy]

Why do people post up on international forums asking advice about laws...

Go contact ask the police and a lawyer. Don't trust Internets with important legal issues.

I was just looking for some input, not for some dead on information.

Was just curious, and I got a good general idea of it here.

I don't plan on lighting up anyone, I was just curious as to what some of the restrictions are.

Thanks for some of the input guys!

[StandardProspect]

Tony, im gonna sneak over to your house tonight and make some ruckus near your barn, we shall see how you react.

no, but seriously, im gonna call you before i drive back to the barn on work nights from now on.

last thing i need is a cap in my ***

[S13xCrazy]

Lmfao!

What can I say, I don't want any of my **** being stolen.or my vert being ****ed with.

OR someone messing with my kittys!

NOOO KITTYS!!!

[StandardProspect]

Not the kitties!

I will help protect them at all costs!

[S13xCrazy]

Haha!

Night had another big *** tick on him again today.I pwned that ****er with a hammer just like the last one.

And roman has a hairball shes been choking on.

poor kittys

[StandardProspect]

they deserve it!those damn cats have ruined countless numbers of s13 seats with their damn claws and their damn shedding!

Im joking of course, the kitties are awesome!

[S13xCrazy]

I think im going to harbor freight again tomorrow.

I have been looking at the online site, and i just need more ****.lmao.

[StandardProspect]

alright, im down.lemme know when ur going.im gonna pick up a set of those colorful sockets

[S13xCrazy]

woot for the queer sockets!

[StandardProspect]

Yes!

cant go wrong for 8 bucks

[Urabus GodofTraction]

That's weird! I clicked on the NICO bookmark, and it opened up AIM...

/not your personal chatroom.

[S13xCrazy]

sure it is i dont see any harm being done.it wont continue for to many more days

after all, it is general CHAT

[Red coupe]

it wont continue for to many more days

OH SHI-Watch your back Prospect, crazy is planning to shoot you!

[S13xCrazy]

^^^lmao it took me a few seconds to get that one.

[StandardProspect]

no chattin alowed in general chat? oh boy, what next

charlieo you can get in on this chat too! we dont mind!come on, tell us a joke or somthin

[4cefed]

Since we live more than a half hour away from any type of 911 services, we were informed by a Vt state trooper that if you have to shoot someone, (which is justified for almost anything) make sure he BLEEDS OUT before you call 911.

The situation of your garage seems like a gray area coming. It might not fit the bill of "inhabited" or something. DEFINITELY seek legal help in your area, getting three or four sources of legal advice would be good too, don't just stop at the first guy that gives you the answer you want.

But as it has been said before, if you HAVE to shoot someone, make sure they are dead, and try not to hit them in the back.