IS IT LEGAL IF I SHOOT THiS PERSON?

Question

I have an empty 10 acre land next to my house. And this ****** keeps driving through it to go a land next to it which they are working on. I told him not to use my land and he said OK. But I keep seeing him driving through it.

So I put up a make-shift wire fence to the entrance but I saw him step down on it and drive through again.

There is an entrace to the land he is working on but it's a little bit longer drive from the main road so I guess he thinks it's OK to use the short-cut through my land.

So would it be legal for me to shoot this bastard?

Is a warning shot OK? Or would I get in trouble?

Answer 1

"Is it legal if I shoot this person?" Trespass.

The quick answer to your question is "No. Not at all. Probably not even if you live in Texas. And that goes for the 'warning shot' too."

Generally, discharging a firearm is a potentially lethal action, so let's say you fire a warning shot near the truck-- the trespasser-now-turned-victim can claim you were trying to kill him. And presto, you are now accused of committing a crime. And the use of lethal force is generally only acceptable when it's necessary to prevent imminent serious harm or death-- and in some states certain property. Someone driving through your empty land does not rise to that level unless he's about to run someone over.

Put up a more sturdy gate/fence. And clearly post "Private Property/No Trespassing" signs. Then, as one Answer suggests, don't shoot him with a gun, shoot him with a video camera-- and make sure you get the license plate. Take your video to local law enforcement and see if they will help. If it really bothers you, you can take that person to court and seek an injunction and even a monetary award if his trespass results in damage.

Lastly, depending on where you live, you may be able to legally install tire puncture devices. But I wouldn't suggest it unless it's your last resort since the owner of the truck could then take YOU to court to recover damages-- even if he didn't have a very good case it still might be more trouble than it's worth.

Also, I'm assuming from your fact pattern that he's not using an actual roadway. Private roadways that are without a gate and that have not been posted as being private and that have existed for a lengthy period of time sometimes create an easement that allows the public to use the road-- even where it's on private land. In cases like that, you can gate the road and post the signs, but members of the public can challenge you in court if there is a long-standing easement there.

As you can see from the bulk of this answer, shooting someone with a firearm for trespass isn't really a very good option....

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Abolsutely, positively, not OK to shoot him, shoot at him or fire a warning shot or anything else. You WILL go to jail if you do. Probably a better idea if you just vide tape him or otherwise collect evidence of trespassing and have him arrested.

I don't know of any place where trespassing would justify deadly force. In all states that i know of, deadly force is only justified if it is in defense of the life of one's self or another.

Answer 3

Well, I would think that any action involving a firearm would be pretty illegal. Go to the the police. Post a no trespass sign. Get pics or video of the guy doing this, and take legal action. Leave the gun out of it.

Answer 4

Is his trespassing endangering your life (or someone elses)? If the answer is no, then you have NO legal grounds to shoot him.

Mark your property with no trespassing signs, notify the police, and put up a chain across the entrance with orange flags. Talk to his employer.

If you put a board with nails in it and he steps out of his truck and steps on it, you could be liable for damages.

Answer 5

In some states if you post a sign saying that tresspassers will be shot,I believe you could but there would be alot of red tape involved.Get a thin long board about six feet long,drive some nails in to it and bury it in the dirt,that will stop him.

Answer 6

I would say it is more ethical to file a restrainment against him. Keep him off the land legally, even sue him for damage and trespassing. This way you are gaining financially, and not spending a lot of money on a lawyer to defend you.

Answer 7

use a b-b gun and go out there when you know he is going to drive through your land and stand out there with your gun or put up no trust passing sings call the authority's and catch him trust passing and he will get fine like 3 or 4 hundred dollars but don't kill him come on that would be stupid you would get in to more trouble then he would for trust passing

Answer 8

You might want to tell his boss or involve law-enforcement. Shooting someone for trespassing is overkill (pardon the pun).

If the guy does this daily at a certain time -- invite the cops over one day before he shows up - and that should take care of the problem.

Answer 9

You can catch more bees with honey. I'd just wave at him as he drives by. Is it really hurting anything if he goes through your property? If it is I'd put up a no trespassing sign. If you shoot him you won't be around to see who gets on your property. You'll be in prison.

Answer 10

Dig a hole big enough for his truck and camoflage it. Then when you shoot him, you can just bury him and his truck.

Or drive some nails through a board and bury it just under the road. Either way, you're going to have to dig a hole for him and his truck if you shoot him.

BTW, is he really doing any harm to your empty acreage?