Thread: Trespassing v2
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Old September 26, 2010, 05:54 AM   #19
MLeake
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Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
Fine line between Trespassing and Burglary...

... appears to be the threshold of the door to the residence.

If I interpret the OP's question, when he says, "trespass," he's referring to an intrusion into the actual home.

Pretty sure that in both Florida and Georgia, that would be "burglary," not trespass, and in both those states, burglary of an occupied dwelling allows use of deadly force.

Not advocating just blasting at folks who come into the house, but I am saying that there ARE states where it would be lawful.

I've known a few too many people who've managed to go to the wrong house, either via bad directions / getting lost, or by getting drunk and being dropped off at home by a driver who wasn't exactly sure which house was the right one, for me to automatically assume anybody coming in the door is such a threat that they need to be shot out of hand.

OTOH, somebody unexpectedly coming through my door probably will become aware rather quickly that the homeowner is acutely curious, and armed. Then again, with all the noise three dogs would be making, the homeowner would be very, very suspicious about how such a mistake could be made...
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