Ordering Trespassers Off Your Property At Gunpoint

[skb12172]

Hmm, by your logic and interpretation of the governing statutes, it seems that if you have to protect yourself with force in NC you are better off just killing them. Strange, no?

[Termite]

...the South has considerably weaker trespassing laws than TX or the West.

Point of order: I realise that some people think "the South" stops at Toledo Bend Lake/the Sabine River, but Texas was actually a Confederate state in the War Between the States, 1861-1865.

Back on subject:
Louisiana and other southern states originally had less than ideal trespass laws. In fact, old Louisiana law put quite a burden on the land owner before he/she could charge someone with criminal trespass. That has been changed in Louisiana, and in some other states. Now, if the property is marked in accordance with state law so that a person should reasonably be able to see the markings, that person can be charged with trespass. Fences and public announcements are no longer required.

However, unlike Texas, Louisiana does not have "self-help". Pointing a gun at a trespasser, if they are not threatening you or commiting severe property distruction(i.e., about to burn down your barn), is a very bad idea. You may or may not be prosecuted; depends on the local DA.

[mekender]

Kidnapping is an interesting choice... Unless NC has some v. odd laws, sounds like something v. strange. Now, that should have been a pretty slam dunk case for the sheriff to come and arrest the people for - but the South has considerably weaker trespassing laws than TX or the West.

I said the same thing about Kidnapping but found that state law includes unlawful detainment as kidnapping even if there is no movement of the detained person. They just have to the terrorized.

[Ben Rumson]

In Virginia you can't go around pointing guns at people for trespassing unless you have been threatened. Even if you've been only verbally threatened it's a gray area. It's called brandishing here and will get you in trouble depending on where, when, what and who..

Tell them to get the hell off from a distance. If they refuse to go call the police.. If they start threatening, leave the area and watch your back as you do so.

Follow up later on your property with spike strips and paint ball guns from a distance for the next encounter.

[mekender]

Hmm, by your logic and interpretation of the governing statutes, it seems that if you have to protect yourself with force in NC you are better off just killing them. Strange, no?

As I found, the ONLY force that NC recognizes is deadly force. Anything that isn't mentioned would defer to common law.

[Aglifter]

Legally, NC, VA, AL, SC, GA, and MS, are much more connected. LA is its own thing, with TX, FL, and the Western states. (LA's land law originated in France, the South's in England, and TX and the West, w. Spain

[Termite]

LA is its own thing.....LA's land law originated in France...

No $hit. It's better than it used to be, but we still got some crazy-ass legal procedures.

[Evyl Robot]

The lawyer that worked with our CCW class (Oklahoma) said never to point the gun unless you are doing so to fire it in self defense. He seems to believe that training sights on the B/G without justifiably shooting is a total PITA once it gets to the courtroom. Even if you use logical progression from the Four Rules, why in the world would you point unless you intended to destroy?

[tc8228]

I am not talking about holding them for the police. Rather encountering a group of people out in say a field you own and demanding they leave...

Legal... yes/no?

Thoughts?

Those were GIRL SCOUTS chasing after a bunny and you made them shit themselfs... lol.

I'm sure I'm just repeating what everyone has said, but in CA, you can carry a gun all you want on private property provided it does not violate 417 P.C. (brandishing) and your justification for such actions would be you were outnumbered. Do not point a weapon at them unless a threat is present. I scare away many of those guys wearing white shirts on bikes lol.

[skb12172]

Even if you use logical progression from the Four Rules, why in the world would you point unless you intended to destroy?

Yup. What he said.

Those were GIRL SCOUTS chasing after a bunny and you made them shit themselfs... lol.

I don't care who ya are, that there's funny!