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Old July 7, 2020, 02:45 PM   #26
DaleA
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There's a little bit of a "gun rights" connection with this trespassing law point.

Disclaimer: I am not a lawyer nor a legal expert of any kind.

You cannot shoot somebody that is merely trespassing on your property. They are there, you don't want them there, but you just cannot shoot them.

The connection to gun rights is this: in Minnesota when our legislature was having a discussion about "gun free" zones some of our reps were totally gobsmacked that if a permit holder wandered into a "gun free" department store/restaurant/etc. the ONLY thing that would happen to them would be that they would be asked to leave. Some just couldn't get their mind around it. One of the reps tried to explain that it would be a simple case of trespass. They still couldn't hide their indignation that the permit holder wouldn't be arrested, have their permit pulled, be tarred and feathered and put in the public stocks for a day for illegally violating a "gun free" zone.

Trespass...IMhO in MN it's a law with reasonable consequences.
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Old July 7, 2020, 09:33 PM   #27
shurshot
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Blue Duck covered my thoughts on the matter. Avoidance of the areas is best, if at all possible.
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Old July 7, 2020, 09:50 PM   #28
Aguila Blanca
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I think DaleA's summary is a bit over-simplified, but it may be consistent with his state's laws. My understanding (disclaimer: I am not a lawyer), based on my state's laws, is that there are two degrees of trespass: simple trespass, and criminal trespass. Simple trespass is whern you go somewhere you don't have permission to be ... such as entering a shopping mall that prohibits weapons while you are carrying.

If you get spotted and an authorized agent of the property asks you to leave, if you then leave that's as far as it goes. However, if you decline to leave after having been explicitly told to do so, it then escalates to criminal trespass, and for THAT you can be arrested.

Also, if an agent of the property kicks you out and tells you not to come back ... if you return the next week after having been told that you are persona non grata, that's automatically criminal trespass. They don't have to tell you a second time.

Remember, there are fifty states plus the District of Columbia. There is no way that any answer that will fit in an Internet forum post can possibly cover all the nuances of all the states plus D.C.
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Old July 8, 2020, 02:54 PM   #29
peacefulgary
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Here in NC you can't legally shoot trepassers. Even if they are damaging your yard or fence or whatever. And you can't legally shoot people stealing your property either.

But, in NC, you can shoot people to prevent them from entering your home so long as you believe the intruder(s) intend to do great bodily harm, murder, rape, kidnap, or commit armed robbery.
Again, you don't have to wait until your door has been kicked down, you can shoot to stop them from kicking your door down.
This also applies to the workplace and motor vehicles.
When driving through a mob (an extremely stupid notion) the mob can hit your car, kick your car, block your car, shake your car, etc..and you cannot use deadly force in NC.
However, should they attempt to break your windows or pry the door(s) open, then you can use deadly force to prevent entry if you believe they intend to do great bodily harm, murder, rape, kidnap, or commit armed robbery.

So for the scenario we're talking about, I would lock my home up and call the police.
I would only shoot if they actually tried to force their way in to my home.

Last edited by peacefulgary; July 8, 2020 at 03:03 PM.
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Old July 8, 2020, 07:10 PM   #30
Mainah
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If the couple had opened fire from their front yard would someone on the street been justified in returning fire?
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Old July 8, 2020, 10:27 PM   #31
JohnKSa
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Potentially. It depends on the exact circumstances.

But yes, if a person fires on another when there is no legal justification for doing so, they are committing a crime that is almost certain to justify a deadly force response by the person under fire.
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