When is it OK to shoot trespassers?

[Blues Man]

In nine years, I had one time where two people trespassed to try to raid my grow. Never had to do anything except call off the dogs. The sheriff's dept took them to the hospital in Springerville. Never had to carry more than a leash out to them

Whatever you say Tough Guy

 

[Foxfyre]

An Arizona rancher has been charged with first-degree murder and had his bail set at a whopping $1million for fatally shooting a Mexican citizen on his property.

George Alan Kelly, 73, was arrested following the January 30 fatal shooting of Gabriel Cuen-Butimea, 48, on his ranch in Kino Springs, just a mile and a half north of the US-Mexico border.

Authorities are still investigating the fatal shooting, with the Santa Cruz County Sheriff's chief deputy saying it does not appear that Kelly knew Cuen-Butimea ahead of the shooting.
But under Arizona law, deadly force is allowed on one's own property if the homeowner believes it 'immediately necessary' to prevent trespassing.

Several other statutes — known as the 'stand your ground' laws — also defend the use of physical or deadly force when a homeowner fears a threat and believes force is necessary.

Arizona rancher, 73, is charged for shooting dead Mexican migrant

George Alan Kelly, 73, was arrested for fatally shooting Gabriel Cuen-Butimea, 48, on his Arizona ranch on January 30.

www.dailymail.co.uk

Comment:
According to Nancy Pelosi it's OK to shoot trespassers.
Pelosi's Capital Police shot Ashley Babbitt.
I'm sure that the Left will be claiming racism and an unjustified shooting.
However, I would not shoot a trespasser.
I would warn a trespasser.
Maybe a warning shot.

Legally I'm sure laws vary a bit from state to state. In my opinion though, a homeowner should give any trespasser clear and audible orders to leave the property and should give the trespasser ample time to leave peacefully. If the trespasser is vandalizing, damaging, stealing property he/she should be ordered emphatically to cease and desist and leave. If the trespasser refuses to do so he/she should get a warning shot. If he/she still refuses to leave he/she should be kept in the gunsight while police are called.

If the trespasser approaches the homeowner after being warned to stop or else, there is no way to know his/her intent and I think it should be legal to shoot.

 

[jbrownson0831]

How do you tell he is? I'm sure I could see a rifle or a pistol in the hands of a person from 100 feet. I sure as hell could tell if he was pointing a rifle or pistol at me from 100 feet

The point is that a person has to be in what would reasonably be called imminent danger.

A guy that is merely walking on your land does not meet the imminent threat definition even if he is trespassing.

So the pistol is stuck in his pants behind him as he walks up...50 ft....30 ft....20 ft....then wait for him to quick draw you?

 

[Blues Man]

So the pistol is stuck in his pants behind him as he walks up...50 ft....30 ft....20 ft....then wait for him to quick draw you?

If you have a pistol or a rifle in your hand how can he quick draw you?

 

[jbrownson0831]

If you have a pistol or a rifle in your hand how can he quick draw you?

He has a much better chance the closer I allow him to get to me.

 

[iamwhatiseem]

Depends on where you live (what state)
In this part of Indiana, there is the law, and there is what a prosecutor will prosecute.
If someone is actively trying to enter your home, still outside, you will not be prosecuted for squat here. I have literally been told by police officers after discussing meth heads walking on the street we live on... "if they come well into your yard, if you shoot them, just drag the body close to your home".
That is certainly not the law... but like I say, there is the law and there is what law enforcement will enforce.

 

[ozro]

Depends on where you live (what state)
In this part of Indiana, there is the law, and there is what a prosecutor will prosecute.
If someone is actively trying to enter your home, still outside, you will not be prosecuted for squat here. I have literally been told by police officers after discussing meth heads walking on the street we live on... "if they come well into your yard, if you shoot them, just drag the body close to your home".
That is certainly not the law... but like I say, there is the law and there is what law enforcement will enforce.

That situation exists here in my part of Arizona as well. I was told by a deputy that if someone comes up missing, "there are some people we just don't look too hard for" .
That blues guy must be a city kid. I bet he doesn't even know which end of the mule to lead.

 

[mak2]

Just in case it ever does come up, warning shots are for battleships.

 

[Zincwarrior]

i was home alone..dont fuck with southern women....we not only defend our property but we damn sure defend ourselves

Remember the laws of justifiable lethal self defense vary greatly from state to state.

 

[mak2]

Depends on where you live (what state)
In this part of Indiana, there is the law, and there is what a prosecutor will prosecute.
If someone is actively trying to enter your home, still outside, you will not be prosecuted for squat here. I have literally been told by police officers after discussing meth heads walking on the street we live on... "if they come well into your yard, if you shoot them, just drag the body close to your home".
That is certainly not the law... but like I say, there is the law and there is what law enforcement will enforce.

If you drag the body anywhere you are almost certain to be charged. This kinda stuff is why people that carry firearms should really think about what they believe themselves ethically and the law should be secondary. There really is a lot of grayness, it just turns darker as the threat increases. If a 100 lb unarmed naked woman, who doesn't look possessed by satan, is trying to break down your door, I would try to assess the situation a bit more. If it is Mike Tyson and he is so furious with you he is foaming at the mouth and spitting nails you might consider opening fire. Between those two is where the reasonable person comes in.

 

[Zincwarrior]

It will be too bad for them then, won't it.
Todays trespasser is tomorrow's coyote shit.

Always be leery of someone that owns a working pig farm.

 

[iamwhatiseem]

Remember the laws of justifiable lethal self defense vary greatly from state to state.

Even more than that... MAJOR difference between rural and urban areas.

 

[iamwhatiseem]

If you drag the body anywhere you are almost certain to be charged. This kinda stuff is why people that carry firearms should really think about what they believe themselves ethically and the law should be secondary. There really is a lot of grayness, it just turns darker as the threat increases. If a 100 lb unarmed naked woman, who doesn't look possessed by satan, is trying to break down your door, I would try to assess the situation a bit more. If it is Mike Tyson and he is so furious with you he is foaming at the mouth and spitting nails you might consider opening fire. Between those two is where the reasonable person comes in.

Well you don't live here.
If you are a long term law abiding citizen and the person you shot, close to your home middle of the night is a meth head with a record longer than your arm... no way no how you are going to jail.

 

[mak2]

Well you don't live here.
If you are a long term law abiding citizen and the person you shot is a meth head with a record longer than your arm... no way no how you are going to jail.

You go with that. Hope you never find out.

 

[Zincwarrior]

Even more than that... MAJOR difference between rural and urban areas.

Zincie's rule:
Zincie to Tresspasser: "Do you like TexMex?"
Tresspasser: "No."

 

[iamwhatiseem]

You go with that. Hope you never find out.

It has already happened. Not me.
It didn't even appear in the local paper.

 

[Calypso Jones]

Interesting question.

Alabama woman admits to killing child caught playing on her property

“I don’t want us to turn into a society where we take the law in our own hands and if somebody’s on our property, we shoot them,” DA Rick Chancey said.

thepostmillennial.com

The ULTIMATE..'GET OFF MY LAWN" moment. Killed instantly.

 

[Blues Man]

He has a much better chance the closer I allow him to get to me.

You can't justifiably shoot a person unless there is an imminent threat.

If you just start shooting anyone within your sight range for no good reason then you're just a murderer.,

 

[Concerned American]

How do you tell he is? I'm sure I could see a rifle or a pistol in the hands of a person from 100 feet. I sure as hell could tell if he was pointing a rifle or pistol at me from 100 feet

The point is that a person has to be in what would reasonably be called imminent danger.

A guy that is merely walking on your land does not meet the imminent threat definition even if he is trespassing.

If he is on my property uninvited--which is well posted, he is a threat. I don't know where the left is coming off thinking that property of others is fair game to invade--I guess Biden think.

 

[Concerned American]

I have a very good idea that you are just an internet badass.

That is your prerogative.