Trespassing Question

[Spaded4life805]

For the past few weeks I have noticed my back gate keeps getting pushed wide open several times and it is being forced open well by someone that is going through the alley and opening it I wanted to know if anyone knows would I have problems with police department if I bring out my handgun on the intruder if I catch them my house has a fence all around my house
Hope i can get info

[Stewdabaker23]

If on your property I think your good.

I pulled my handgun on a drunk couple who was trying to open my front door which is in my csrport a couple weeks ago. Its a scary feeling when you hear people trying to open your door at 12am. I blinded them with my weapon light and pointed the gun at the Guy, and then he left.

[bigbearbear]

Can you lock the back gate? If they're breaking the lock and forcing it, I don't think you'll have any trouble confronting the trespassers with a firearm. Unless he/she is the The Hulk, the trespasser must have some kind of tool (eg. crowbar) to break the lock and you'll need your firearm to protect yourself.

DISCLAIMER: I'm not a lawyer, so don't take this post as a legal advice!

[Spaded4life805]

Thanks guys im going to get a chain and lock it and if I hear anything im bring out my 40 or my 12g

[55sicks]

I think it's illegal to ask if you can defend your property in CA. Be careful, and keep a clear head if you do decide to confront anyone.

[hermosabeach]

If your back yard is enclosed by a 6' solid fence, having a loaded firearm should be legal.

The tough part is one of escalation.

If people have been cutting through your yard, then grabbing a firearm might be considered unreasonable escalation.

My thoughts-
Get a significant lock for all gates
Get no traps passing signs with the correct municipal code.
( in many places- no muni code- no one can be cited)
Motion sensor lights- install a set or two

Call the local PD and say that you have a few firearm related questions and as if they have a resident gun guy or gun girl that you can chat with about your questions.

Write down a series of relevant questions and have a friendly chat with the officer you are referred to speak on the issues.

Thank the officer
Follow up an write a letter to the watch commander explaining how you spoke with officer x on date and how they took the time to answer questions that you had. Comment on professionalism, etc

If you intend on staying in the same area for a while, inquire about a ride a long.
Also inquire if the city has a citizens academy.



----
Don't be the next Zimmerman.

[Spaded4life805]

Thank you guys for the information. Really appreciate it.

[mark501w]

You better be careful you don't pull a gun on someone unless you think your going down & I fear for your life. Some knot head screwing with your back gate doesn't

fit the bill. If you got a local cop maybe you could get him to check the alley from time to time. Even if you aren't prosecuted the civil law suit will suck the life's blood out of you & your family.

[Doheny]

For the past few weeks I have noticed my back gate keeps getting pushed wide open several times and it is being forced open well by someone that is going through the alley and opening it I wanted to know if anyone knows would I have problems with police department if I bring out my handgun on the intruder if I catch them my house has a fence all around my house
Hope i can get info

Don't brandish a gun on someone who may be simply taking a short cut. Reinforce the gate, buy motion detector lighting and call the cops if you think someone is back there.

ETA: I was gonna add get a dog but Rude beat me to it.

.

[rudedude916]

Get a dog. If that don't scare em off the 12 gauge will.

[Divernhunter]

If you catch them just use a switch and turn them over your knee

If they are big use a bigger switch

[ChrisC]

Here is the question you will get asked by an officer or a judge:

Were you in imminent danger?

If not then why did you pull a gun? <---- You'll get asked that one while handcuffed in the back of a patrol car.


If you can honestly and have proof to the first question, then you are good to go. I am only going off of what you will be asked if you pull a gun on a person and the police are called.

[titan2]

Make sure your property is properly 'Posted' with "No Trespassing" signs first thing and secure your gate.

Does the gate open into the yard or swings out? If it swings in....try blocking it for a while with a trailer/vehicle or other such item that's heavy and not very movable......they'll get the idea that the shortcut is no longer open for use!!!

[Spaded4life805]

It swings open into the yard but it has a lock on it and its being forced open between a pole and the gate

[titan2]

Put a sign on the gate.....they can't miss it!!! Then block the gate from opening at all.

Is this a nightly occurrence? If so, they should get the message after a few days! If they're destroying the gate/fence to go through.....now, that's another thing all together!!!

Another idea.....get yourself one of those game cameras and set it out there where it can get a picture of your quarry and they not see it.....now, you got even more evidence for the police.

Keep us posted.....