No trespassing or you will be SHOT!

[TheFireArmorer]

I've been wondering this for a while, but I was just reminded of it again, so I figured I would ask INGO.

Can someone legally shoot a person for trespassing on their property? I don't mean breaking into their house or garage, but just being on their land.

I locate underground utilities, so I end up on 20+ different properties every day. Sometimes I am requested by the homeowner, but other times a contractor requests the services and the homeowner has no clue. I always try to speak with the homeowner, but sometimes they're not home (or are they?). But, out in the country I see these signs all the time that say "Trespassers will be shot" (or something to the effect).

I wouldn't think it would be legal, but I truly don't know.

 

[nakinate]

IANAL but I think if it were legal you'd have a lot more dead meter readers and salesmen.

 

[SEIndSAM]

IANAL but I think if it were legal you'd have a lot more dead meter readers and salesmen.

Hmmmmm, seems like we have a new meter reader every month....

Seriously, anyone that would shoot a trespasser who was not an imminent threat is going to jail. I hope that you are wearing blaze orange vests and something with the company logo or ID?

 

[level0]

I've been wondering this for a while, but I was just reminded of it again, so I figured I would ask INGO.

Can someone legally shoot a person for trespassing on their property? I don't mean breaking into their house or garage, but just being on their land.

I locate underground utilities, so I end up on 20+ different properties every day. Sometimes I am requested by the homeowner, but other times a contractor requests the services and the homeowner has no clue. I always try to speak with the homeowner, but sometimes they're not home (or are they?). But, out in the country I see these signs all the time that say "Trespassers will be shot" (or something to the effect).

I wouldn't think it would be legal, but I truly don't know.

Trespassing, no.

But if a homeowner reasonably believes their life is in danger, in Indiana we have 'curtilage' and a threatened homeowner can use deadly force in this area - it's not limited to inside the home, it includes surrounding land and outbuildings.

 

[Kirk Freeman]

No. Just no.

Goodness knows I have to deal with trespassers daily, but unless they are shooting at me or lobbing a firebomb at me, no guns will be pointed.

Shooting trespassers is merely gun shoppe hyperbole which will cause one to become imprisoned. Don't do it.

 

[DeadeyeChrista'sdad]

But, but, but,....

 

[TheFireArmorer]

But, but, but,....

I tend to counter every question I have in my own head lol.

 

[TheFireArmorer]

All of these signs I see make me question whether these people believe they can shoot someone just for being on their property or they just hope the sign will deter trespassers. I'm hoping for the latter, but some of these places I go, I doubt it.

 

[TheFireArmorer]

.

 

[TheFireArmorer]

Hmmmmm, seems like we have a new meter reader every month....

Seriously, anyone that would shoot a trespasser who was not an imminent threat is going to jail. I hope that you are wearing blaze orange vests and something with the company logo or ID?

Absolutely. We wear bright reflective vests and drive a clearly marked truck. Trust me when I say, that does not stop people from acting like complete idiots. I've been threatened to be shot twice in my 5 years of doing this job. Once I explain what I'm there for, the situation deescalates quickly. Sometimes, though, people don't have a lot of sense.

 

[Kirk Freeman]

ll of these signs I see make me question whether these people believe they can shoot someone just for being on their property or they just hope the sign will deter trespassers.

It's just typical gun culture bravado and hyperbole.

I have to deal with trespassers with their half eaten food, bottles and cans, their theft, even using my parking spaces, but I don't shoot them, or threaten to.

Even though this is INGO, let's deal with these problems as civilized people.

 

[KellyinAvon]

I think the word of focus here is "legal". You can't legally shoot a car owner while carjacking them (hhmmm, that's illegal too) or shoot your drug dealer because its Tuesday (lots of illegal there too). Those of us who stay on the legal side of things must know the law. Criminals? Whatever, they're criminals.

 

[RA8]

...even using my parking spaces, but I don't shoot them, or threaten to.

Today I'm thankful for...

 

[halfmileharry]

I've been wondering this for a while, but I was just reminded of it again, so I figured I would ask INGO.

Can someone legally shoot a person for trespassing on their property? I don't mean breaking into their house or garage, but just being on their land.

I locate underground utilities, so I end up on 20+ different properties every day. Sometimes I am requested by the homeowner, but other times a contractor requests the services and the homeowner has no clue. I always try to speak with the homeowner, but sometimes they're not home (or are they?). But, out in the country I see these signs all the time that say "Trespassers will be shot" (or something to the effect).

I wouldn't think it would be legal, but I truly don't know.

TheFireArmorer... IS that one of ChurchMouse's cheeseburgers in your avatar pic?

 

[Kirk Freeman]

Sometimes, though, people don't have a lot of sense.

Welcome to Planet Earth, my friend.

 

[sloughfoot]

In my vast experience, I have concluded that most people are stupid. And thank goodness few can shoot well enough to hit anything.. If I had your job, my head would be on a swivel. May God continue to watch over you.

 

[TheFireArmorer]

TheFireArmorer... IS that one of ChurchMouse's cheeseburgers in your avatar pic?

ChurchMouse couldn't handle one of my damn cheeseburgers!

 

[Hoosierkav]

It does raise an interesting question (though I'm sure there are legal opinions on this somewhere):

If I have a sign that says, "Private property, no trespassing", why am I not to be allowed to presume that any violators seek to do me harm? A law-abiding person who respects things wouldn't go past the point. Thus, the violator isn't law-abiding and is approaching my house and my family... It seems reactionary (or whatever the legal term is) to wait until he has entered my house and caused emotional distress to me and my family.. etc etc etc

 

[cooltools]

 

[shibumiseeker]

It does raise an interesting question (though I'm sure there are legal opinions on this somewhere):

If I have a sign that says, "Private property, no trespassing", why am I not to be allowed to presume that any violators seek to do me harm? A law-abiding person who respects things wouldn't go past the point. Thus, the violator isn't law-abiding and is approaching my house and my family... It seems reactionary (or whatever the legal term is) to wait until he has entered my house and caused emotional distress to me and my family.. etc etc etc

Because people wandering over property lines and accidently tresspassing, people who have a legal right to be on a property such as assessors and surveyors or utilities workers working in a right of way are common enough that your default assumption cannot be they intend you harm. If they are in the curtiliage with a few exceptions or inside your house you may make the default assumption they mean you harm and you may defend yourself without determining intent first. Now, if your property is surrounded by a strong fence and other barriers then you have more of a case, but even then you'd better be damn sure you can articulate the threat they presented.