If someone is trespassing on your property...

[LkWinnipesaukee]

What can you do? Are you allowed to confront them, or should you stay inside and call the police? If they are doing something that forces you to go outside (a bunch of guys going thru your shed or playing with matches), are you legally allowed to carry a gun (long gun or handgun) with you? I assume you can do whatever you want on your property (within reason)

Do these rules vary from state to state?

 

[Zundfolge]

Do these rules vary from state to state?

Yes, IMMENSELY.


Here in Colorado we have no "duty to retreat" and we have the so-called "Make my Day" law which allows you to use lethal force against an intruder in your home (of course its not that simple, there are caveats).

This might be a good place to start your research. http://www.mass.gov/legis/laws/mgl/

 

[Frandy]

Yes, the laws vary state to state.

I can certainly verbally confront someone on my property. It's my private property.

I have a carry permit in NC. With it or without it, I can carry on my property. Without a carry permit, I can carry openly and with the permit, concealed. And, if someone endangered my life (or that of another) on my property, I can use lethal force to stop them. But...BIG but, don't get into a situation where the DA or the perps lawyer boxes you into a corner because you are seen as intentionally creating a situation that results in you drawing and shooting.

In my opinion, going outside when not provoked is not the best idea. In most cases, I'm calling the sheriff and staying inside to hold down the fort.

Oh, and shooting someone for trying to burn down my shed definitely doesn't fit the criterion of endangering my life, no matter how much my stuff means to me.

 

[orangelo]

In a communist cesspool like MA or CA you're not allowed to do anything but call the cops and periodically throw $20 bills at them to try to make them go away.

In TX if you catch them at night setting things on fire in your yard and acting belligerently you can use deadly force. TX law has a list of certain property crimes that can be stopped with deadly force after dark: including burglary and arson.

A person is justified in using deadly force against another to protect land or tangible, movable property:


(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:


(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

So it varies by state.

 

[Erebus]

Well since you are from MA it's pretty simple. Ask them to leave if they don't you leave and call the cops. Unless they are actually attacking you you can't do anything. If they are carrying your TV out of your house and you lay a hand on them you have assaulted them. If they are trying to burn your shed down keep blowing the matches out but don't lay a damn hand on them. Call the cops and when it's all over they will come write a report.
Carry the gun all you want just don't use it unless they attack you.

 

[Aguila Blanca]

Here in Colorado we have no "duty to retreat" and we have the so-called "Make my Day" law which allows you to use lethal force against an intruder in your home (of course its not that simple, there are caveats).

Drinking beer and urinating on your front lawn or going through the tools in your shed are not "in your home." In your home typically means exactly what it says -- inside your house.

In TX if you catch them at night setting things on fire in your yard and acting belligerently you can use deadly force. TX law has a list of certain property crimes that can be stopped with deadly force after dark: including burglary and arson.

Texas is unique in allowing the use of deadly force to protect property. No other state allows this. And even in Texas it is limited to at night, which a lot of people seem to forget.

 

[wingnutx]

I would recommend calling the police.

 

[Sindawe]

1. Ask them to leave if they have no legitimate business on your property.

2. If they refuse, take a photo of the trespassers and file a complaint with the local police.

3. If the return, see steps 1 & 2.

4. If they are rummaging through your property, or actively taking your property, see step 2.

5. If in Colorado and they commit breaking and entering, its game on.

 

[B.D. Turner]

Can you shoot someone in MA if they are stealing a Kerry for President sign?

 

[wuchak]

One of the best stories I ever read about dealing with people breaking into sheds at night goes like this (I can't remember which forum I saw it posted on).

A farmer was having trouble with teenagers breaking into the shed where he stored fuel for the farm equipment. One night he heard some noise out there and saw a couple of kids going in carring gas cans. They turned on the light in the shed (obviously not smart crooks) which was just a bare light bulb. The farmer opened up a window in the house and with his .22 rifle shot out the light bulb in the shed. The crooks hightailed it out of there and never returned.

To answer the original question I think the best course of action if it's dark is to call the police and stay inside to avoid a potentially violent confrontation. If it's daylight and it's someone is tresspassing then I would go see what they are up to and inform them they are on private property and ask them to leave. It could be that someone is simply lost or is in need of aid e.g. ran out of gas, atv broken down in the woods, etc.

 

[progunner1957]

"Ask your attorney if MA or CA is right for you."

In a communist cesspool like MA or CA

So tell us how you really feel, Orangelo!

Technically, MA and CA are not communist; A more accurate term would be "festering leftist/socialist feces hole blue state."

For those of you who have been burdened with the misfortune of residing in such a place, please consult a licensed practicing attorney in your location for an accurate answer to what (if anything) you can do if your property is tresspassed on. Better to spend $100-200 on real legal advice than to be sued for $5 million because you crossed the line.

 

[buck00]

Ask them to leave if they don't you leave and call the cops. Unless they are actually attacking you you can't do anything.

Calling the cops is probably the best idea. You don't really want to get into a confrontation, either by brandishing a firearm or physically.

Story: a guy from my gym owns lot of land. He caught a man and his younger son trespassing and hunting on his land during deer season. He saw them, went out and asked them to leave. The man was pretty rude in response, then wandered off as if he were leaving. Three hours later, the owner finds the same man and his son hunting on his land. Obviously ticked off, he went up again and confronted the trespasser. Allegedly the trespasser carefully set down his rifle, took off his jacket, got up in his face and explained he was hunting with his son, he'd been coming to this land for years and he would "kick his f----ing ass" if he didn't walk away and leave them in peace.

The owner (used to be a college baseball player) felt physically threatened and ended up dropping the perp in about two punches- ending up breaking his nose. In the good old days this is how the story would end. However, in this modern story (it was fall of 2003) the owner was charged with felony assault. The law took the side of the tresspasser 100 percent. :banghead:

Be smart. No need to be a tough guy. Just call the cops!

 

[Erebus]

Can you shoot someone in MA if they are stealing a Kerry for President sign?

No, guns are barbaric. You douse them with gasoline and chant about the Bush supporter being a fascist while throwning a match at them.

 

[progunner1957]

EVERYTHING bad is the fault of the evil, soulless Bush lovers!

No, guns are barbaric. You douse them with gasoline and chant about the Bush supporter being a fascist while throwning a match at them.

Yes, exactly.

 

[Ed Ames]

Anyway, it isn't true about CA... you can carry a gun when checking to see if a crime is being comitted on your property. You can carry it off your property if you have a reasonable fear for your safety or the safety of others. You have no duty to retreat.

I don't know where people get some of the ideas they have about California.

 

[atlctyslkr]

I've confronted a few tresspassers over the years and I have changed the way I do things. I used to go ball-to-the-wall and come out with a nice batch of profanity and cachunk from my 870. I don't do that anymore for several reasons. The main one is the tresspassers know I have guns and they may come back and break in while I am not home. I generally sarcastically confront them with a handgun tucked into my pants and ask them if they are aware they are on private property. I usually get a oh sorry and they leave. It's mostly teenagers cutting through yards and alleys. I generally add something like I'm giving the benefit of the doubt this time but next time I will call the police. I usually have observed them from a distance before approaching and taken a photograph. I display the camera for them upon confronting them.

 

[thebaldguy]

Ask them to leave nicely. If they don't or act threatening, call 911. Get a description of the offenders. Force law enforcement to act on the problem. An ugly confrontation should be avoided if possible. You never know what will happen and who's side a judge/jury will take.

 

[MR.G]

About ten years ago one of my neighbors was arrested for confronting two guys with his rifle that were in his back yard late at night looking in his boat and shed.They ran and he called the police, who managed to catch them. Their story to the police was that they had been fishing in the lake behind his house, and their dog jumped out and went to his yard. They were just trying to find the dog. I don't believe the lost dog story, and find it hard to believe that the police bought it. Anyway, he was arrested for assualt with a deadly weapon. I was told that he plead guilty to a lesser charge and got probation.
Not long ago I caught a guy late at night creeping around my house and looking in my windows. When I went outside I made sure that my handgun was not visible, but my hand was on it. I kept the Mag light in his face with my other hand. He froze at first and said that he was looking for his girlfriends cat. I yelled to my son to call the police, and the guy beat it to his car parked down the street. Called the police, but they never found him. Had a fake temporary tag on his car. I am a little confused about the wording in the new Florida defense law about defending your property outside your house. Anyway I won't use a gun unless it is really self defense, no matter what the temptation is.

 

[Guntalk]

Or, you might just say, "Hi! Whatcha doing?" with a big smile.

Could be someone who is lost. Could be looking for an address nearby. Could be . . . darn near anything.

Time of day makes a difference. 2:00pm versus 2:00am, for instance. At 2:00am I'm not going outside to check it out. I'm staying inside and calling 911.

Exactly where the person is makes a difference, too. In the front yard? I'm not concerned. In a storage shed? Different deal.

I don't own any material thing that's worth anyone's life. Period. Parade rest.

 

[dfaugh]

Had a guy set up camp, out back in my woods a couple years ago. Wouldn't have known had he not built a campfire. Stapped my 9mm carbine across my chest, jumped on the ATV and went to investigate. I pulled up to about 20 feet away, and told him very nicely that he was on private property (I DO have some signs, but need to add more.) and that I would prefer that he move along, and that I was especially concerned with his fire, as I didn't want my woods burned down. I didn't threaten in any way, didn't point the gun or anything. It was just there. He didn't say much, although he seemed to have a bit of "attitude".

Went back to the house, then I thought it through a little bit. He had picked the nastiest, most overgrown area, when there were much easier/better places to set up camp. So maybe he was trying to conceal himself as much as possible (though, in that case the campfire was stupid move). And, therefore might be a "person of interest" for the police. So I called 911...Went back outside with my dog, but without the gun, keeping an eye on the woods. Took the cops 1 hour to show up (not surprising, as I wouldn't expect this to be a "priority" call.) They went with me out to the area but by then we was long gone. Told the cops the whole story, including the fact that I took a gun out with me, and they never said a word. We have (mostly) good, rational cops around her, and they understood that the gun was precautionary, and that I was just being cautious. They were very helpful and gracious about the whole thing.

In retrospect, I SHOULD probably have called the cops first, but not being sure of the situation, I went and checked it out first.

In short, I can't understand why you'd get in trouble (and I think most reasonable cops would agree) that carrying a gun out to check something (suspicious, but unknown) on your own property SHOULD be OK. Problems would only arise if/once any actual shooting goes on.

 

[Ed Ames]

The "10 years ago" story is a good example of why you should call the police as soon as possible when you have a confrontation... as in, swap the cumbersome rifle for a handgun and a telephone, and tell the perps "I'm on the phone with 911 now, get off my property..." Of course, there is a good chance that the neighbor was being an ass. Most thieves don't think of calling the cops when they've been caught by a homeowner where they shouldn't be.