Shooting Down Drones Will Soon Be Legal (Page 7): If anyone is scared of a shotgun then I reckon you could probably take the drone down with a pellet rifle. Whatever works. (:...

Bigmike1 Loc: I am from Gaffney, S.C. but live in Utah.

If anyone is scared of a shotgun then I reckon you could probably take the drone down with a pellet rifle. Whatever works. (:

survivaldealer Loc: NE Utah

rfmaude41 wrote:

If someone breaks down my front door, I can, and will, make sure it is the very LAST door that they ever break down, unless, of course, they come back as a ghost. In any state where there is a "your home is your castle" law (like in TX and FL), you can just claim that you feared for your life, and, they will not arrest / prosecute you, as the govt knows that they will (almost) automatically loose the case, eh ?

Even a cop needs a warrant. Private property rights are king. Castle Law.

BHC Loc: Strawberry Valley, JF, USA

rmalarz wrote:

"The shot was an accidental discharge about 200 Yaris away."

I didn't realize that the Toyota Yaris had become a recognized unit of distance measurement. Is there a certain year that they use as a standard?
--Bob

The police actually measured the distance - with a tape measure! We actually had to accompany them to the site where we first encountered an indication of injury. That's one of the reasons the preliminary investigation took more than four hours. I suspect that there were political and financial (police overtime) factors as well.

traderjohn Loc: New York City

survivaldealer wrote:

Actually, you can. See that NO Trespassing sign? Cops say you have to point it out otherwise they can say they didn't see it. After that, they have a hundredth of a second to start their exit. Unless they are in an exit position, it is 100% legal to shoot them dead. In Utah. Your state may vary.

Some states are really F#*@ED up. It looks like Utah is one of them. How do you comprehend "a hundredth of a second"???

David in Dallas Loc: Dallas, Texas, USA

It was mentioned by someone that in Texas deadly force may be used to protect property. My understanding (I live in Texas) is that this is only true after dark (no doubt because there could then be some question of whether there was a personal threat involved).

kb6kgx Loc: Simi Valley, CA

ecurb1105 wrote:

Some clown running up to my door yelling about his toy being broken may constitute assault, refusing to leave after being told to leave does constite trespass and is grounds for arrest and subject can be held at gunpoint for police. Any aggressive moves on the subjects part can be grounds ti shoot him.

Uhhhhh… no. Somebody simply yelling does not come close to being "assault". Look up the legal definition of "assault" before you start to make assumptions as to what it is.

Yes, once you ask that they leave, and they refuse, they ARE "trespassing" and, yes, they MAY be arrested. However, by you pointing a gun at them, now YOU are liable to be charged with "assault", yourself.

"Any aggressive moves" may or may not qualify you to "shoot him". Depends. YOU will have to convince a JURY that YOU were "in reasonable fear for your life" and that you had no other choice but to shoot and kill that person. Good luck proving that.

Sorry, folks, but someone simply walking on your property, without your permission ("trespassing"), hardly gives you the right to shoot that person simply for being there.

There's no law against posting "Trespassers Will Be Shot" signs (at least I don't think there are), but if you actually DO shoot such a person, you're going to find yourself in deep doo-doo.

kb6kgx Loc: Simi Valley, CA

PeterBergh wrote:

By definition, to trespass is to illegally enter or remain on some property. Making an assumption about why a person is trespassing is speculating; the courts are not interested in speculation. If there is probable cause to believe that the trespasser intended to commit burglary, the trespasser can be charged with Criminal Attempt at burglary (in addition to being charged with trespassing).

The basic definition of "trespass" is to (more or less) "enter the property of another without their consent". One may "trespass" without being aware that they are trespassing. Doesn't matter. Whether you're aware of it or not, you have trespassed. OK, fine.

No such thing (unless your state actually has such a "crime") as "Criminal Attempt" at anything. There is either the crime, itself, or the "attempted" crime.

Highly doubtful you would be convicted of both trespassing AND burglary, because burglary implies that you were where you were without the owner's permission. By way, "burglary" applies only to "buildings" and "structures". No such thing as burglary of "property" (land).

kb6kgx Loc: Simi Valley, CA

David in Dallas wrote:

It was mentioned by someone that in Texas deadly force may be used to protect property. My understanding (I live in Texas) is that this is only true after dark (no doubt because there could then be some question of whether there was a personal threat involved).

Is this "someone" an attorney? Do they even have a law degree? I doubt either. To be honest, I am not familiar with Texas law, so I may very well be wrong on this. If I am, please show me the appropriate Texas law that DOES allow deadly force for protection of property. Because we were taught in law school -- yes, I DO have a law degree -- that you are NEVER privileged to use deadly force to protect property. Not ever. You can't shoot someone because they're stealing your TV or your bicycle or anything. There is one, and ONLY one justification for use of deadly force and that is if you are "in reasonable fear for your life" (including family members).

Texas may claim a lot of things because it's Texas, but what it ISN'T is "The Old West". Back in the day, they DID hang horse thieves because back then a horse was a man's livelihood, and to steal his horse was stealing his means of supporting his family. However, modernly, you can't do that.

The "after dark" element comes from the old Common Law definition of "Burglary" which started the timeline for the crime from one half-hour after sunset to one half-hour before sunrise. That has long since changed and now it can be burglary no matter what the time of day or night.

Yes, the court (Jury) may question whether or not there was a personal threat involved. You have to convince the Jury that there was. However, it is highly likely that a Jury will NOT see your shooting someone because they were flying their drone over your back yard while your wife or daughter was sunbathing as a personal threat.

kb6kgx Loc: Simi Valley, CA

rfmaude41 wrote:

If someone breaks down my front door, I can, and will, make sure it is the very LAST door that they ever break down, unless, of course, they come back as a ghost. In any state where there is a "your home is your castle" law (like in TX and FL), you can just claim that you feared for your life, and, they will not arrest / prosecute you, as the govt knows that they will (almost) automatically loose the case, eh ?

It's not that easy. You can't just "claim" it. You have to convince a jury that you "were in reasonable fear for your life". And that is NOT an easy thing to do.

This discussion started as shooting down someone's drone because it was being flown over your back yard while your wife or daughter was in the back sunbathing. That hardly constitutes a lethal threat to your life. However, IF that person DOES break down your door, it is perfectly reasonable to presume that person means to cause some harm to you and yes, you may very well be justified in stopping that person by any means available to you.

CCChuckles Loc: Michigan

12ga with a 30" barrel, #7 shot, just like shooting Trap...

nimbushopper Loc: Tampa, FL

tommystrat wrote:

What constitutes deadly force against a drone? And is a drone afforded the same consideration as a person with respect to the use of deadly force? And misdemeanor crimes against property, such as shooting down a trespassing drone, have varying degrees of punishment, most not including prison.

That being said, probably not a good idea to try the drone spying thing in this part of Montana...just saying.

I should have been more clear. I wasn't referring to deadly force against a drone. The poster made the statement that one has the right to use a gun against someone who trespasses on his property and that's what I was referring to.

Bigmike1 Loc: I am from Gaffney, S.C. but live in Utah.

Well, in South Carolina if someone is banging on your front door attempting to get in and you shoot him through the door they always say to make sure you drag him inside before calling the police. (:

kb6kgx Loc: Simi Valley, CA

Bigmike1 wrote:

Well, in South Carolina if someone is banging on your front door attempting to get in and you shoot him through the door they always say to make sure you drag him inside before calling the police. (:

Sure. And they’ll never be able to tell that the guy wasn’t already inside before he was shot.

survivaldealer Loc: NE Utah

kb6kgx wrote:

Sure. And they’ll never be able to tell that the guy wasn’t already inside before he was shot.

Why would anyone want to call the police? It is none of their business. They are busy giving traffic tickets and collecting revenue for their retirement. Sometimes people simply disappear and are never heard from again. The world is a better place. No thanks are necessary.

cessnalvr Loc: West virginia

A bag or two of lime or a few hungry pigs works wonders.