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You should check on this with your local police dept., however the general rule of thumb is that you must feel MORTAL peril of yourself or another person to justify a shooting. Even then, it has been known to have the shooting come back on you, especially if the person shot is not killed or there are other witnesses or if there is other circumstances. Best bet? don't shoot!

AnswerLaws and regulations may differ widely in diverse states and countries. What is basic in most of them is that only when you, or other person living in the premises, is in imminent danger, shooting may be an option.

In order of priority you should:

  • Have clear boundaries of your property
  • Have, if adequate, signs warning intruders that lethal force may be applied
  • If an intruder is found, activate a sound or light signal that will warn the intruder to leave the premises
  • If the intruder is not carrying a weapon as far as you can see, use a voice command indicating that you are armed (from a safe position)
  • Do a warning shot to the ground (there are situations i have heard of where a warning shoot was fired up and the man was sued so make sure to shoot the ground but away from feet)
  • If the intruder appears to be armed and engaging aim for the chest as it's the largest part of the body and a hit will neutralize the threat.
  • Do not approach or shoot from a short distance and if possible keep the intruder under control at a distance until the authorities arrive.

You must keep in mind that at all times your intention must be to apply the necessary measures for having the intruder exiting the property and not to punish him/her. Force can only be used under the firm belief of imminent danger.

Another viewYou should be very, very careful and think twice before exercising lethal force.

Shooting an individual even when it is so called legitimate is a serious issue. That being said, laws concerning the rules of engagement may differ from state to state. I would urge you to contact the appropriate law enforcement officials for direction.

At times, people believe they have the right to shoot, and wind up in very big trouble. Its not as clear cut as you may think. For example, where I live, if I find someone in my house, and the individual is jumping out of a window to escape and I shoot him, I am in big trouble. This is because there was no immediate danger to my person; he was leaving. However, if I am in my home and some one breaks in and I have no egress or I feel my family might be in danger, that individual will be shot. Still, check with the authorities so that you fully understand the consequences of shooting.

Instead of investing in a gun to defend yourself and your family, you can invest in Pepper spray which will incapasitate your opponent and it will eventually wear off in a couple of hours, or a Tazer, (make sure it is between the legal voltage for your State because if it does not you may be charged under a fire arm offence).

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9y ago
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14y ago

no, unless you have signs on your property that state "private property" you do not have the right & even then the best thing to do is call the police because in most cases people will get sent to jail

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13y ago

Only under certain circumstances. Each state has laws concerning the use of lethal force, in which certain criteria must first be met before you can employ such force against them. The most lenient of these states is Texas, which has a law dating back to the 1800s, and enacted as protection against cattle rustlers, which allows a person to shoot anyone who turns up uninvited on their property at night. However, that's exclusive to Texas, and, even then, there may have been amendments made to that law which restrict the circumstances under which deadly force may be employed.

Added: As with many things in the law - IT DEPENDS. (e.g.: What is the victims perceived intention of the perpetrator?) Several states have codified in their laws a concept known as "no duty to retreat." In other words, if you are confronted in or on your property by a an assailant who clearly means to cause you physical harm, under the law you have no "duty" to retreat from the assault in order to prevent physical harm to the assailant, and you may defend yourself with, and up to, whatever means necessary, including deadly force.

You must check your own state's statutes to determine the situtation in your own particular state.

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11y ago

This is an extremely complicated issue and there is no simple, single answer to your question. First, you cannot shoot someone simply because they are on your property. Second, the laws regarding the use of deadly force vary in each jurisdiction.

Many states have adopted laws based upon Castle Doctrinewhich provides that someone attacked in their home can use reasonable force, including deadly force, to protect her life or the life of another. Those laws have various names such as the "Stand Your Ground" laws, and in Colorado, "Make My Day" laws. However, the various state standards cover a broad spectrum and you need to check the laws in each jurisdiction. These laws are often misinterpreted by civilians and they are open to interpretation. If you think you are taking a legal action you may later be found guilty of a crime at trial. You need to be aware of all the nuances of such laws and you need to be able to prove you acted within the law.

Stand Your Ground laws are being challenged in Florida, Georgia and Texas. Shooters relying on that defense have been prosecuted in Texas. Many believe such laws provide an excuse for civilians to use unnecessary lethal force to handle situations where the stand-your-ground-shooter is actually the aggressor.

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12y ago

In most cases, not for simply being on your property. A couple states have a "make my day" law left over from the mid-to-late-1800s, when horse/cattle thieves were common, which allows a property owner to shoot anyone who comes onto their property at night, but this is not the norm, and, in most instances, states will require you to face an imminent threat of death, potentially debilitating injury, or rape before lethal force may be used, and, even then, a duty to retreat before resorting to lethal force often exists unless it's actually within one's home or vehicle.

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14y ago

Not unless they were actually going to harm you and you had to shoot them in self defence

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11y ago

It's difficult to say. The cops could always use the excuse that they had "reasonable suspicion" to trespass in the first place. You have to be very careful with these things.

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Q: Can you shoot a trespasser on your property?
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Can you shoot a trespasser in North Carolina?

yes


What is the term for a party who encroach property?

Trespasser.


Can a trespasser sue a landowner for assault?

Probably not. Since you were a trespasser, you had no right to be on the property. A landowner may use reasonable force to remove a trespasser from his property. And, depending on the nature of your trespass, you will not be looked at favorably in the courts should you choose to sue.


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You can shoot a trespasser anywhere. However, the penalty will vary from place to place and what the specific circumstances are. If a reasonable person had felt their or their families, life was in danger, there probably won't be any charges filed.


Can you shoot people if they are trespassing on private property?

You have the right to use lethal force to defend yourself and other people, but not property alone. If you find trespassers on your property you can detain them and order them off your property; however simply shooting a trespasser without warning when they are not threatening anyone is murder.


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Does a trespasser have the right to be on the property?

There are varying degrees of trespass. However, in its simplest form trespass is defined as any unlawful entry to property of another. A person who has unlawfully entered the property of another has no right to be on the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry such as a person who entered with permission but then was asked to leave, or, a person who entered the property to attend a yard sale who then entered the house without permission.