Man on your property

[Mac51]

I live in a rough yet transitional side of town, so its a mixed crowd regarding crime and income-classes. Just to give an example: There was an incident a few months ago where a white mercedes benz pulled up to a home 5 doors down from mine and shot off 16 rounds into the home (luckily noone was home or got hurt). Here's my scenario that occurred recently. And i know some people will say "just move", but its not really an option for me right now. I am at my home sitting on the front porch at night, see a man coming into my yard. I ask who he is and get no response and blank look, he continues to walk towards the front of my house, so I ask him to leave and there is no chance he cannot hear me unless he is literally deaf, he continues forward without speaking, nothing in his hands, but at this point is close enough that I can see mischief or at least a sense that he is attempting to invoke fear or intimidation. I do not recognize him from the neighborhood either. He was still far enough away and I was close enough to my door that I just went inside, locked the door, and grabbed my 12ga just in case. As it was, he turned back towards the street. It was probably just some intimidation stunt.

....But what If he were running or i was further from my door. I not want to turn my back and walk to my front door, and may not be able to back up fast enough to the door. At what point could I draw a weapon if i had one on me (I know firing would be out of the question without him being nearly on top of me or with a weapon) but i do not want to wait until its too late to be prepared. I understand the use of deadly force, but what about drawing a weapon?? pointing a weapon??

It's a misdemeanor to point a weapon at someone and brandishing a firearm in public may be a no no as well. It is very dependent If your yard on the policy and court precedent of the distance from your yard to the street and if that person was posing an eminent threat to your safety. If your yard doesn't have a fence you'd most likely be charged. I've notice everyone on this forum talks big, but not so sure they understand the spirit of the law.

 

[jamesthemechanic]

It's a misdemeanor to point a weapon at someone and brandishing a firearm in public may be a no no as well. It is very dependent If your yard on the policy and court precedent of the distance from your yard to the street and if that person was posing an eminent threat to your safety. If your yard doesn't have a fence you'd most likely be charged. I've notice everyone on this forum talks big, but not so sure they understand the spirit of the law.

in a world of technology, spend the money on a camera then its all documented . and no question about their intent. you have the right but in the non gun owners eyes you will be convicted.because you had your home to escape to ..

 

[Mac51]

I meant to say if your yard is fenced then they're they're trespassing and level of escalation and court viewing intent is immediately swayed in your favor.

in a world of technology, spend the money on a camera then its all documented . and no question about their intent. you have the right but in the non gun owners eyes you will be convicted.because you had your home to escape to ..

I agree, I am just making comments on how judicial and legal system operate. There is a certain amount of officer discretion involved and would also matter on the background of characters involved and statements (which should be made with a lawyer within 24 hours at the station if you deliver lethal force). With that said, if you pull a gun on someone you should be ready to pull the trigger and deliver lethal force, otherwise you're putting yourself in legal jeopardy. The less you say the better in all situations other then you feared for your life and safety.

 

[bbs1982]

If I have a legitimate fear that myself or my family could be harmed in a situation like this, I would yell for him to stop in his tracks. If he showed no intention of stopping I would possibly draw down on him. I wouldn't want him to get too close!
I would rather have the choice to take the shot and protect my family than worry about what some liberal DA might say. It would be better to be able state my case in court than have him kill me and harm my family.

 

[protective measures]

The reason that I push understanding the three elements so hard is because the wording of the law itself is vague. It says what the mind set has to be, but does not explain what justifies having the mind set in the eyes of the court.

BTW, other than the warning shot, we are very much on the same page. We just take a different approach to explaining the law.

Agreed, it is so important that people who carry guns for self defense understand these laws.

 

[CQB27]

So far I have read responses that advocate
1.) Use of deadly force to prevent a Misdemeanor (Criminal Tresspass)
2.) Use of deadly force because an man who no one, including the OP, knows if he possesses any special skill/weapon that he could use to cause death or seriously bodily injury refuses to leave the property and walks toward the porch.
3.) Use of deadly force because anyone on my property without my consent poses a threat of death or seriously bodily injury.
4.) Use of deadly force to defend property alone.
5.) Use of deadly force to defend a feeling (I say "feeling" because in the OPs instance there are no tangible facts/actions commited by the intruder that rise to the level of the threat of seriously bodily injury or death) of beinging threatened.


This thread has some good discussion, some sound instruction AND is FULL of asshattery It is also a dream come true for those who say that many firearms owners are not responsible enough to own firearms.

 

[woodstock]

This is just like a lot of threads in religious debate forum

 

[ugalaw14]

I think when you start throwing out statute sections that involve words like reasonable etc - this is inherently not a black and white answer. It would be up to the DA to decide to prosecute, then probably need a grand jury, then if it got through trial it would come down to a jury issue as to reasonableneSs.