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No, it doesn't. You don't have a duty to retreat if you reasonably believe that you are in danger of death or grievous bodily injury. That doesn't mean you may kill someone for trespassing. |
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I was informed by the DA that they didn't consider my front gate to be the "cordage of my home" and that the castle doctrine didn't apply. Ain't VA grand? |
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Don't be fooled. The front gate to your property wouldn't be covered under the castle doctrine in Texas either. |
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Just to clarify, he did put my life in danger with his recklessness and made a threat to my life right before he drove off. |
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Yeah, that would be a little more that just trespassing. |
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I had a problem out at my Grandmother's place where my cousin and I are setting up a new shooting range. There is a pond nearby and once caught neighbors out there on the property. Since then I bought a new gate and placed signs around the area. We do a lot of shooting out there and the last thing anyone needs is for some trespassing fool to get shot. A couple of my metal signs have been shot up recently as well.
Besides that, what irritates me is that this problem has still been ongoing, we try to make it out there whenever we can but every now and then we'll have to clean up the beer cans that are left around the pond. People just don't have any respect anymore and really there isn't much you can do about it because our legal system sucks. |
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I know exactly what it's like. It's nothing less than harassment. Even the concept of having to post your property pisses me off. Seriously, I know what property I own and what property I don't, as does everyone else. I don't need a sign to tell me that I shouldn't be somewhere, why do they need one? |
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That looks very nice. My dad wanted to try something like that, but I figured that they'd just shoot it like everything else. Maybe you could set something like that up as bait and hide a game camera in the woods to catch them destroying it. In my area, they couldn't resist dumping their trash in front of a "No dumping" sign, so when I have a few extra bucks I may try it.
Two months back they rammed one of our gates with their truck, took bolt cutters to 3 padlocks on it, tried to cut through one of the hinge pins, and wrote "Fuck you asshole'' on the sign. |
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Sierra, my memory may be failing me at this hour, but have you talked to teh local DA or your Sherriff personally to see what can be done? I realize that they are likely to take no action until they have something to press against you, but its worth a shot.
Its too bad that caltrops are considered to be a mantrap, what with the harm it could do to feet. If they have a normal night, you may still consider staking out their normal haunt, armed with a pistol as backup, but the paintball gun as your main deterrent. Make their car a target of those paintballs. You may also check into a valve-stem remover, and then taping them to their windsheild. When they call teh cops out there, ask the trespassers what they are doing out there. Act innocent, and declare you cannot be held responsible for damage to vehicles that are not on your property with permission. I have done this once before (well, I was a party to it, as the fraternity house manager), after a few warnings under the wiper, with a guy that was parking his truck in our drive way for a week. One day, his valve-stems mysteriously adhered themselves to his driver-side window. He called the cops, we acted innocent, asked him what he was doing on our private property in the first place, and then gave him a list of tow-truck companies out of the phone book. |
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Yes, it does. It applies (here in Texas) to any place that you happen to legally be. |
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From the Texas Penal Code...
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§ 28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. <snipped quite a bit off so I could post it, mostly penalties and such, complete text here ) |
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they are talking about Virginia though. |
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Allow some old retired fart to put a house trailer on the property and have him watch the place. Everybody wins.
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Next time let the charges stand longer until you get in front of a DA or Magistrate because I bet there is currently no record of the incident. When I was back in SC a few months ago I saw a couple of tire poppers placed behind cables across roads. They were locked in place but it appeared that they could have easily been moved by the people with the keys for the locks. Something to the effect of railroad spikes welded to box stock which could be pivoted out of the way. |
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How about inviting some Marines or Soldiers to your land field exercises or to practice their sneaking skills at night? Every trespasser they catch earns them a free beer.
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160 acres is a nice big area to hide "things" in.
Even the folks on Scooby Doo knew to stay away from the old haunted farmhouse when the townsfolk that went there kept disappearing. I'm just sayin'. |
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Ya know, with all those trespassers and all the junk they leave behind, there's no telling who's leaving what on the ground.
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Brake fluid does really nasty things to a vehicle's paint and finish. Just aim lower. Seriously, I feel for you. We only have eight acres and still have poacher problems since we're not living on it. I really want a 10' chainlink razor-wire topped perimeter fence with automatic gates, but the cost... . |
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Sounds to me like you *really* need to setup something with either the local Sheriffs Deputies or DNR LE so you can get some of their time. If you can't get any help from LE you need to go up the food chain until someone listens. Hell find an officer that lives close by and get his number. Trespassing leads to other crime and it's seriously frowned on in GA. You need some of these guys caught and charged, if you make a few cases on them the word will get out. Sounds like you've got a problem with the local white trash. |
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With the blatant escalation and in-your-face defiance of these people, I would definitely up the ante. Any wakeup call will need to be swift and harsh.
Something would happen to any vehicle left unattended. Something majorly catastrophic... not paintballs. Maybe a tree would fall on it. Maybe broken windows. Maybe burn trash near the vehicle and let the fire get out of control. I don't know. But whatever it would be, it would make your place too expensive to trespass on. The way these people are acting is well beyond the "fun and games" approach. Ramming fences, cutting locks and writing defiant messages on your signs? They know the game they're playing and winning and won't stop until you play your trump cards. |
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Tire spikes, which you can place on whatever access road they're using.
Tripwire-activated OC bomb, just place the tripwire on whatever trail, riverbank, etc... they're using. Edit: And I very strongly agree with the other suggestions. If the local LEO's are part of the good ol' boys network, then quit wasting your time with them and start talking to county and state agencies... especially DNR if there's even the faintest possibility of poaching. |
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We've found 2 LEOs on our side with similar issues of their own, but the trespassers don't have a given schedule and are hard to catch when you're not at the property 24/7. The reason we're looking into a land patent is to bypass the GOBN and have the Feds involved when someone screws with us. And I wouldn't even consider doing something like what you suggested! |
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Vehicles are too hard to dispose of. |
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No kidding, they should be careful about where they place those signs that they tear down.
I considered getting a pipe, running a cable through it, zipping wood screws in a triangular pattern, and locking it across the driveway, but I think it would be seen as a caltrop of sorts. |
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If they leave the keys in the vehicle, have some fun with it, then, deflate their tires, and remove their driveshaft. THEN sugar in the gas tank.
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Yeah, the locals are a waste of time. We're only using them to file reports of the harassment in case someone takes it way too far. |
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I had pics on my flash drive, but it crapped out on me the other day. I'll take a few pics when I'm up there again in a couple days. |
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People have been hand- making variations on that design for a looooooong time... Some pipe, fittings, a lawn sprinkler solenoid and you're gtg. |
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I think they'd take that as a challenge. Heh.... |
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Don't you think that some of this sprayed into the cab of their vehicle would stay with them and cause some heartache? |
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Would it be morally wrong to drill their gas tanks and take their gas for your troubles?
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Nope. I'm talking major punishment, not frat house pranks. Destroy the vehicles. I'd like to clarify that my approach is only for situations where law enforcement has chosen to consistently look the other way when the trespassers are doing things like the OP has mentioned and there is no other recourse. Also, look into turning in local LE to the state for corruption and dereliction of duty. |
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Look up your local predatory towing company, offer them a "Parking Lot" contract; Any vehicle parked on your private property with out the required parking permit gets towed at the vehicle owners expense. Authorise the tow company to occasionally "sweep" the property. Problem solved. |
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Even better: Yellowjacket bait |
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An excellent solution. |
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To the sites ATF team I have never commited said act so please don t shoot my dog |
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Having the opinion that someone is an Idiot is just having an opinion... Sharing that opinion with the OP and everyone else in this thread by CALLING HIM AN IDIOT is a personal attack and a violation of the Conduct Code - regardless of whether or not it's your 'Opinion'. |
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Now I like that idea... They get towed, somebody else deals with the jerks, and they're out $$$ every time they get caught. OP gets what he wants (idiots off his property), tow company gets what they want ($$$), and he's not as likely to have to shoot somebody. |
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It sounds like the property has at least one side along a public road, I don't think you can get a vehicle towed if its just parked on the side of the road and they walk in. |
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We're dealing with the same issues on my ranch right now... Local idiots think they have the right to do whatever, just because they say so. Local LEOs dont care, F&G are too understaffed, etc. I'll let you know, in private, how my solution works out
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