...

[sfe187]

If he's wearing a Cubs jersey, you know what you have to do...

LOL nice!

[sfe187]

If someone you consider an intruder comes into your fenced yard, then feel comfort and place your hand on your weapon on your property. No harm no foul.

Beware brandishing and or firing only!!!

My thought was just like what you wrote. hope for the best but be ready for the worst.

No i don't brandishing or firing just for the heck of it.

[bk23103]

Refer to Penal Code 602 Et al. I had originally posted the entire text, but it was too lengthy for the interface here, thus I've provided a link.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602

Consider the "reasonable person" standard, and apply to the above. The answer is no.

[LBDamned]

I have read here that your front yard is still consider public because public has access to it.

Say I put up a fence (usually not that high allowed) covering my front yard and to both left and right neighbors sides. The fence has a locked front entrance and also locked sliding for cars to get in and out. There are also multiple signage says No Soliciting No Trespassing/Private Property.

My questions is because the fence is not that high due to city laws, and someone cross or hop over the fence, can i automatically assume its an intruder and into full defense mode? Defense mode meaning have my hand over pistol in holster ready to come out.

Isn't this situation is already after de-escate since this person choose to ignore signage and still hops over, i have no idea what this person want or motive.

Its inside my fenced private property so i would think i have the right to protect my family and deal with the unknown in the above described manner.

What would you do in that situation?

No you can't. And why would your instinct be to shoot?

Trespassing is not a capital crime.

Think of it like this. Would you be willing to defend yourself wounding/killing someone for jumping your fence?

Yeah this is stupid. Why on gods green earth would you want to take someone's life's because they come onto your yard? Do you realize that the gun you have your hand on will end someone's life, ruin a families life, and more then likely cost you a massive amount of money in legal bills? What about your life and family? In my opinion, you shouldn't own a gun if you're asking a question like this.

Seriously. People seem all trigger happy looking to find any possible way to blow someone away if they step foot on their property.

Conceal and go Tell them to get the F*%# off your property and if they try to attack you then deal with it.

So many goofy assumptions in this thread... The guy never indicated he'd pull his weapon, much less shoot someone. You guys are literally hysterical (not in the funny way - in the extreme way).

OP, your scenario is perfectly acceptable and responsible. Identify the potential threat and proceed accordingly... For the rest - yeah, wait until the trespasser indicates intentions - and pray it's not too late

Having your hand on a weapon when someone has trespassed your property is not out of line - and IS NOT an indication of wanting to kill someone. Geezus.

This is an example of why I got the hell out of that state.

[sfe187]

the "man up" comment is interesting. u want me to man up to an intruder who i have no clue what his intentions are? what are we in the 5th grade?? i can only laugh at it.

obviously i can't sleep as i'm still thinking about how to deal at that exact moment, but here is my couple of scenarios . . .

he ignores to multiple no tres signages and hops the fence onto my property -
if he is facing me . . .

1. put my one hand on holster the other hand making a stop gesture
2. tells him politely "Can I help you sir" and "please have your hands where i can see them for safety"
3. if he comply, i'll wait for what he got to say. if he gave some bs answer and said he was leaving, i'll take a mental note of his appearance and phone pd and make a report.
4. if he does not comply (meaning his hands are inside his pocket or in a place where i can't see clearly, i will continue to ask to see his hands clearly but i will have no choice to expect the worst and watch his hands for any kind of movement and be ready to fire if i see a weapon coming out

if his back was facing me and not complying . . .
#4 plus i would be more sensitive to his every move because i just don't know

I'm not out there to find an excuse to kill someone for the heck of it but in today's world there are just so many crazies and unknowns. Look at the LEO's they have to make these decisions everyday and i don't know how they do it day after day.

i hope i never have this scenario come true but for me to have a process in mind it will help me when that time comes.

isn't self preservation is first and foremost? if you don't take his hidden hands seriously adding that he is NOT complying . . . isn't the threat just gone up to a level for self preservation??

yes its a tough decision and i don't know how LEOs out there do it day after day but yeah i give them lots of credit.

its funny i hear all these protesters on tv saying you didn't have to kill him or you could've use this or that, how about you join the force to see if your life is on the line maybe you would understand self preservation. this its not about race, its about when an LEO ask you to stop or give you a command you don't comply . . . isn't the LEOs have to think the worst?

the term Kill or be Kill is a powerful statement but in situation of unknowns it comes in play wouldn't you think so?

ughhhhh SO. Cal is so jacked up i think I'm gonna start looking to Jackson hole

anyhow, if any of you have any ideas how to deal with an unknown intention intruder, this is a forum so please share.

[MarinRange42]

Your item 4 needs work or adjustment. I think prudence suggests you retreat into locked home rather than be accused of improper force (he's got a spoon and you got a gun) after the fact.

[Jimi Jah]

Wrongful death lawsuits are a b*tch with an affirmative action jury deciding your fate.

[Dano3467]

Only if your wanting jail time.

[IVC]

The reason front yard without a fence has different rules is because it's considered a "publicly accessible private property."

This actually makes sense. Many sidewalks, parkings and streets are "private property." Most malls, restaurants, theaters, etc. are also private property. As long as they are open to the general public, they have to follow the rules for public places, including discrimination, safety, firearms, etc.

In your case, the answer hinges upon whether your front yard would still be considered "publicly accessible." It's not whether someone can hop the fence, but whether someone can clearly determine that the fence is a barrier. Your signs matter only to the extent they establish fence as a marker of the non-public property.

How much would you bet the court would see it your way based on the look and feel of the fence is how you should treat your front yard with respect to being "publicly accessible private property."

[SVT-40]

How tall is the fence?

[Jimmy's]

OP is way off base and probably shouldn't have firearms.

[Dutch3]

How tall is the fence?

How is the height of the fence relevant?

[sigstroker]

[Blade Gunner]

No you can't. And why would your instinct be to shoot?

Trespassing is not a capital crime.

Think of it like this. Would you be willing to defend yourself wounding/killing someone for jumping your fence?

Any cop or DA will tell you, unless they are trespassing inside your home, don't shoot. Also consider CA has a stand your ground doctrine from court cases, not a stand your ground law, which also shields you from civil prosecution.

[Loubot10]

Only if the house is a pot grow-house.