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I live in rural Iowa, and some old "friends" of my brother have burglarized our property recently, on multiple occasions (i've seen the hard evidence it was them, with two burglary cases pending).

I have since installed motion-activated camera recording systems, floodlights, and began keeping a much closer watch for signs of people nearby (we are isolated in the country by woods). I have several types of firearms which, being rural, i can carry around and fire as i please in my back yard with no restrictions.

Question:

If i found there were people i did not know that had broken into my garage (again) what can i legally do? Can i confront them at gunpoint and if they attempt to flee (towards me, being in the only door) fire upon them in self defense? Keep them at gunpoint until police arrive? What about if they're already outside the garage and attempt to attack or flee? What about non-lethal rounds?

I intend to know the laws so that i can confidently defend my property LEGALLY.

2007-10-14 17:33:07 · 6 answers · asked by Spanky Monkey 3 in Politics & Government Law Enforcement & Police

6 answers

Speak to a lawyer about this one, not Y! answers.

Also, do research on something called "Castle Doctrine" and see what your state's position on it is.

Check out packing.org and other concealed/open carry websites for more information on your state's laws.

2007-10-14 17:37:24 · answer #1 · answered by masfonos999 4 · 2 0

I agree you need a lawyer to answer these questions for your specific situation, but in general:
You cannot entrap someone in order to shoot him.
You cannot confront someone outside of your home and then shoot him.
You can make a citizens arrest and hold them until Police arrive, and then they can sue you for false arrest, false imprisonment, and press charges against you for kidnapping.
You have the right to protect yourself and your property, but there are MANY factors that will come into play once you use or even threaten lethal force.

You might also want to consider how it will affect you for the REST OF YOUR LIFE knowing that you killed some kid to protect your $300 lawnmower.

2007-10-14 19:30:12 · answer #2 · answered by wuxxler 5 · 1 0

States will vary on self defense laws, but NO STATE allows you to use deadly force to protect property. I strongly suggest not displaying a gun at all. Most criminals are street smart, victims are not. There is a good chance of being disarmed and the gun being used against you .

Also, there is no such thing as non-lethal rounds. The legal name is "less lethal". They can still cause death at close range.

2007-10-14 17:44:44 · answer #3 · answered by trooper3316 7 · 0 1

As of now the only state that allows you to use deadly force to protect property is Texas. Seems a person shot and killed someone trying to steal his car and they let him walk. Bet it cut down on the rates of auto theft in that county.

In all other areas you have to prove at the time you thought your life was in danger WITHOUT entrapping or provoking someone into the situation. Can't set up booby traps either.

2007-10-14 19:40:04 · answer #4 · answered by Anonymous · 0 1

Castle bill which the first poster posted is true and you need to look that one up. In Texas we have that law and it allows us to blast them on site of property.

2007-10-14 17:55:54 · answer #5 · answered by Anonymous · 0 0

DEFINITION OF PROPERTY:

IF THE GARAGE IS ATTACHED (PART OF MAIN STRUCTURE) TO THE HOUSE THEN YES YOU CAN CONFRONT THEM

IF THE GARAGE IS DETACHED THEN IT IS PROPERTY BUT NOT IMMEDIATE TO HOUSE.

SINCE YOU RECORDED THESE EVENTS YOU HAVE TANGIBLE EVIDENCE OF AN UN REPUTED SOURCE-THAT IS IF YOUR CAMERAS HAS A TAPE DEVICE, A DATE AND TIME DEVICE, LAY DOWN WATCH AND CALL POLICE OR IN COUNTRY SHERIFF'S DEPT.

PEOPLE YOU MAY NOT KNOW DOES NOT MEAN THE POLICE DO NOT KNOW THEM. USUALLY POLICE GET TOGETHER IN 5 COUNTIES WIDE AND SHARE INFORMATION ON CRIMINALS KNOWN WITH A CERTAIN MODUS OPERANDI.

2007-10-14 18:22:26 · answer #6 · answered by ahsoasho2u2 7 · 1 1

More than likely you could keep them at gunpoint but if they ran toward you, you would probably have to leave and only fire your weapon if they continued to chase you and you had no other means of escape.

Your best bet is to stay out of it and turn the video evidence over to the police. Or lock them in the garage somehow until the police arrive.

2007-10-14 17:46:00 · answer #7 · answered by D-Train 3 · 2 1

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