Property owners, shooting trespassers is a criminal act.

Discussion in 'Political Opinions & Beliefs' started by wgabrie, May 2, 2022.

  1. wgabrie

    wgabrie Well-Known Member Donor

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    Okay, some people have guns to confront people who trespass on their land. But trespassing isn't categorized as a criminal action. It's considered a civil violation. So, while a trespasser can, perhaps, be charged a fine in the courtroom, they won't face criminal prosecution.

    But, God help the property owner if they should shoot the trespasser, not in self-defense, because murder is a criminal act.
     
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  2. Reality

    Reality Well-Known Member

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    Don't trespass on people's land you know isn't yours and you won't have to worry about getting shot.
     
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  3. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    A warning to trespassers, though. There is no way for you to know if the property owner believes this or not.

    One trespasses on my property at their own peril. I will place a red laser dot on your crotch, and my bulldogs will do the rest.
     
    Last edited: May 2, 2022
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  4. drluggit

    drluggit Well-Known Member

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    I suggest you look that criminal citation up again, or at least somewhere not in a blue city...
    https://www.justia.com/criminal/offenses/other-crimes/criminal-trespass/
    Penalties for Criminal Trespass
    Criminal trespass may be charged as a felony, a misdemeanor, or an infraction.

    I would also suggest that you read up on castle doctrine, and I would advise those reading that you likely aren't an attorney or able to claim that you know or otherwise adjudicate in the law.
     
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  5. WhoDatPhan78

    WhoDatPhan78 Banned

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    Must be rough being that afraid of people.
     
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  6. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    Lol. Trolls.
     
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  7. WhoDatPhan78

    WhoDatPhan78 Banned

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    Oh, yea i guess if I saw a troll on my property, i might feel it was necessary to threaten them.

    But not just a human who i don't know.
     
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  8. ECA

    ECA Well-Known Member

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    Why would you have your dogs attack someone JUST for walking on your land? Two years ago a stranger come onto my property, as it turns out, because his car broke down and didn’t have a cell phone on him and needed to make a call to get help. Imagine if it were your property he walked onto. He likely would be dead or at the very least maimed…all because he needed a helping hand.
     
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  9. Pants

    Pants Well-Known Member

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    I'm afraid I don't see humor in your response to a comment that I didn't see as trollish. If someone comes on your property, I see no need to attack them (or have your dogs do that). If they attempt to attack you or break into your home, that is a different situation. But someone who is so quick to threaten physical violence on someone who may have zero malicious intent or is unknowingly on your property suggests a level of fear to me as well.

    Feel free to include me in your troll category.
     
    Last edited: May 2, 2022
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  10. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    My property is fenced, gated, and clearly marked. Someone on my property does so at their own peril. If they need to speak to me, there is an intercom at the gate.
     
  11. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    If they are on my property, they broke in.
     
  12. FatBack

    FatBack Well-Known Member

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    I believe you're a mistaken trespass is a criminal act.

    Here in the State of Florida trespassing on a posted construction site or trespassing with a firearm is felony trespass.

    And no you cannot simply shoot people for trespassing alone.

    Used to be many years ago, farmers would remove the lead shot from their shotgun shells and pack them full of rock salt and pepper your ass with rock salt. It wouldn't kill you but it would teach you to stay the hell off their property
     
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  13. FatBack

    FatBack Well-Known Member

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    If your property is legally posted as private a smart person would simply stay the hell off of it.

    If it is not legally posted is private then it is not trespassing unless the owner advises you to leave and you remain after being so warned
     
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  14. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    This is exactly right. On unposted property, one must be asked to leave, and refuse before he can be criminally trespassed. In some states, he must also be formally warned by law enforcement and refuse or return after warning before he can be criminally charged.
     
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  15. ECA

    ECA Well-Known Member

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    I’m beginning to understand why you are the way you are.
     
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  16. ECA

    ECA Well-Known Member

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    Um…everyone’s property is private property. I’m sure the person I helped was grateful I wasn’t paranoid.
     
  17. FatBack

    FatBack Well-Known Member

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    I had someone trespass from the store where I work at one night because he decided to steal alcohol right in front of me and thought I wouldn't do anything. I told him to put it back, he went to hand it to me like I was supposed to put it back.... I told him as a matter of fact you keep it because I'm calling a law on your ass you might as well pop it open and drink it while you're waiting on them.

    Show the cops got there and asked me if I wanted him to go to jail I said no I don't want him to go to jail I just want him trespassed. So he's the first official picture on our wall of shame.

    So we have a picture of him on a printed trespass warning that he was also furnished a copy of. If he comes back to the store I don't have to say a word to him if I call the police and they show up and he's there he automatically goes to jail as he has been warned. This is in the State of Florida of course different states might vary
     
  18. Hotdogr

    Hotdogr Well-Known Member Past Donor

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    I'm a farmer. I put up fences to keep my animals in, and your animals out. Climb my fence at your own peril. If the bulldogs don't get you, the bull will. Signs are posted.
     
    Last edited: May 2, 2022
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  19. FatBack

    FatBack Well-Known Member

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    You don't seem to understand the law. Here in the State of Florida if your property is posted with a sign every 500 ft or every corner of your property it is trespassing to go beyond that sign.

    It is also a trespassing to climb over or around a locked gate. Not every would be trespasser is simply seeking help or assistance some of them have bad intentions. If you want to open up your property to anyone who happens along then that is your right just as it is also the right of private property owners to prohibit access to their private property
     
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  20. FatBack

    FatBack Well-Known Member

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    Also you may be interested to learn, that as I've already said it is not trespassing unless you've been warned or it's properly posted.

    In addition to this there is also property that is that is legally classified as "public private property".... This is privately owned property that is generally understood that the public is welcome. A good example of this would be a privately owned shopping center for example.
     
  21. fmw

    fmw Well-Known Member

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    One night I heard some activity from my barn at 2 in the morning. I grabbed my shotgun and headed for the barn. I encountered a pickup truck and a horse trailer and two men, one of which was leading one of my show horses out of the barn. I made myself known from the dark by racking the shotgun slide. I asked the men what they were doing. One said they were taking the horses to a show. I explained that they could put the horses back in their stalls and leave or die. They left denting one fender of their truck against a tree as they left. I can't image how it would have played out if I didn't have the gun. Horse thieves in the 21st century? 'Fraid so. They still exist.
     
    Last edited: May 2, 2022
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  22. dharbert

    dharbert Well-Known Member

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    Go ahead and hop the fence into a police impound yard, or a cop's or judge's property and see how it works out for you. I'm sure they will consider it just a "civil infraction". Dont want to get shot? Then don't trespass. It's that simple...
     
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  23. Josh77

    Josh77 Well-Known Member Past Donor

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    In the early 1800s, the idea of keeping people from tresspassing on your lands was considered ridiculous. As an example, in the legal case M’Conico vs. Singleton, South Carolina 1818, M'Conico, a land owner, tried to order a hunter, Singleton, to stay off of his property. The idea of trespassing was so absurd back then that the judge said:
    "the right to hunt on unenclosed and uncultivated lands has never been disputed and it is well known that it has been universally exercised from the first settlement of the country up to the present time...".
    Ownership of land did not give them the right to exclude people from coming on to it and utilizing it. Other people could hunt on your land, graze cattle on your land, etc. The only exception was areas that were fenced off for gardens and whatnot.

    I think that trespassing should only be an issue if the land is clearly posted. Personally, I let people use my land if they want to. I have great fishing on my river here, and I like sharing that with others. I also volunteer with the land trust system we have here in Maine, where people who allow access to their lands along nature trail systems are given a little money from the state. This allows everyone to enjoy the great outdoors that would be otherwise inaccessible, and also gives landowners money for their troubles. It's a great system.
     
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  24. FatBack

    FatBack Well-Known Member

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    You know why a lot of areas are now closed access and a lot of owners that used to feel like you feel differently?

    Because there are people that ruin stuff like that for everyone by damaging fences harassing livestock or leaving trash all over your property.

    How many incidents like that over a period of time do you think it would take to make you more selective as to who you allowed onto your land?

    Not to mention the legal risk of allowing people onto your property because if anyone stubs their toe nowadays they want to sue you.

    And good Lord forbid you get squatters that decide they have the right to set up shop on your land
     
    Last edited: May 2, 2022
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  25. ECA

    ECA Well-Known Member

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    What does any of that have to do with the fact that everyone’s property is private.
    And most people aren’t looking to kill you. Just sayin.
     

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