Oregon Confused bout protecting property

[Ni4ni]

Not sure, I've never heard of that myself. sry but I'm still acquiring info as well. I couldn't answer the last half of question. But putting myself in that situation, witnessing a small woman walk off a porch and away from a residence might alarm to point of aproach, but not a 0-100 kinda deal (my opinion) and by approaching, the possibility of the situation escalating to the level it got to greatly diminishes

 

[Koda]

Agree trespassing is a crime, and both party's could easily be guilty of that crime. Playing hero don't give immunity. Neither does ignorance on the other hand

You never stated if the shotgunner was also trespassing. That wouldnt change anything though for the group that came up from the river.
Are warning shots illegal?

 

[Ni4ni]

I was trying to stay away...
However curiosity has won out.

If you know everyone involved here why.....
Don't you talk with them....?

Maybe even have them all sit down together...without trespassing or firearms...
And have them explain themselves to each other....?

That is ...if everyone is willing to do so.

In any event...And perhaps most importantly....

No matter what you think you friends should do...as in regarding pressing charges of some kind...
It ain't up to you to decide for them...or for you to try to convince them to do something , they may not want to do.

What you like...what you want...is excellent for you...but may not be for someone else.
To be blunt...real life ain't Burger King....you won't always have it your way.

It might be wise to ask yourself...why...
As in why is this so important to you...how is this going to affect you....what difference does it make to you....?

At the end of the day...
Even if you don't like what happened...it didn't happen to you.
Let it go... move on....drop it...forget about it.....etc ...etc...
Life will go on....and there are plenty of other things out there to get worked up about.

And with that...I really and truly am done here.
Andy

Extremely respectable response. Possibly I'm resentful from having been impacted at such levels by some of my own mistakes and or times of recklessness Of far lesser levels. Could be that I feel bad for ppl that go through situations that they don't deserve.... Either or , I'm over it and will now be obligated to reply to everyone else's replys without an intention on the subject

 

[Ni4ni]

You never stated if the shotgunner was also trespassing. That wouldnt change anything though for the group that came up from the river.
Are warning shots illegal?

NOT sure... What actually makes a warning shot any different than a shot that dont hit intended target? Is "intent" the only difference

 

[Koda]

NOT sure... What actually makes a warning shot any different than a shot that dont hit intended target? Is "intent" the only difference

Warning shots are complicated, because as far as I know there is no law against them in Oregon, but IMO they can be considered the same as using deadly force.
Trespassing is not a deadly force crime.

 

[Ni4ni]

Warning shots are complicated, because as far as I know there is no law against them in Oregon, but IMO they can be considered the same as using deadly force.
Trespassing is not a deadly force crime.

Very true, also as far as I understand, deadly force should only be used if the threat is being matched in doing so

 

[RVTECH]

Warning shots are complicated, because as far as I know there is no law against them in Oregon, but IMO they can be considered the same as using deadly force.

I BELIEVE (not sure) it's similar to 'brandishing' which is subjective, but depends on the intent and how it is interpreted.

OK, I carry a rifle out my front door to my shop for cleaning, repairs etc. no issues.

Ok, same thing but say anti/lib/gun fearing neighbors see it and make an issue of it and call the LEOs - well I might get a visit but thats probably all.

Now - it's after dark I hear a noise and grab a flashlight and firearm and head out the door to find someone on my property. I confront them BUT gun is held in a non threatening manner and NOT pointed at them, STILL OK I believe and NOT 'brandishing' however if I move it to a 'defensive' position and point it at them well, I believe then it becomes 'brandishing' - but someone jump in and correct me if I am wrong.

 

[Koda]

I BELIEVE (not sure) it's similar to 'brandishing' which is subjective, but depends on the intent and how it is interpreted.

OK, I carry a rifle out my front door to my shop for cleaning, repairs etc. no issues.

Ok, same thing but say anti/lib/gun fearing neighbors see it and make an issue of it and call the LEOs - well I might get a visit but thats probably all.

Now - it's after dark I hear a noise and grab a flashlight and firearm and head out the door to find someone on my property. I confront them BUT gun is held in a non threatening manner and NOT pointed at them, STILL OK I believe and NOT 'brandishing' however if I move it to a 'defensive' position and point it at them well, I believe then it becomes 'brandishing' - but someone jump in and correct me if I am wrong.

That is exactly how I understand it but if held in a defensive position consider your now using/threatening to use deadly force against a misdemeanor crime (trespassing)...

Thats not going to go well in court.

 

[thorborg]

Its a serious scenario for sure, the best place to pose your question and receive advice would be with a lawyer, not here.
Your friends may or may not be stupid as you say. I have no way of knowing, but walking away, does not have to make one stupid, nor pusillanimous

 

[Ni4ni]

Its a serious scenario for sure, the best place to pose your question and receive advice would be with a lawyer, not here.
Your friends may or may not be stupid as you say. I have no way of knowing, but walking away, does not have to make one stupid, nor pusillanimous

Thx for insight.... I agree completely. With knowing that this isn't the first time that these perps have been reckless, figured if anything alittle heat might encourage safer practices and save some folks a lot of grief that might possibly be in there future if there level of recklessness continues... But it is wut it is, and it's really not my issue to press I guess

 

[orygun]

Thx for insight.... I agree completely. With knowing that this isn't the first time that these perps have been reckless, figured if anything alittle heat might encourage safer practices and save some folks a lot of grief that might possibly be in there future if there level of recklessness continues... But it is wut it is, and it's really not my issue to press I guess

"These perps"?
Who, the people with the guns, or the trespassers?

 

[Ni4ni]

"These perps"?
Who, the people with the guns, or the trespassers?

The folks with the shotguns is who I mainly was referring to. But can be integrated or applied in both ends of the situation....

 

[echo1]

Thx for insight.... I agree completely. With knowing that this isn't the first time that these perps have been reckless, figured if anything alittle heat might encourage safer practices and save some folks a lot of grief that might possibly be in there future if there level of recklessness continues... But it is wut it is, and it's really not my issue to press I guess

N14ni,
I can't help but notice, that you're continually in defense of the rockhound trespassing lawbreakers, and have it out for the good Samaritan burglar rousters, only recently mentioning that the GOOD guys stated to LEO that they thought there was a crime, other than trespassing, in progress, A CRIME IN PROGESS. You got you panty hose in a bunch from second hand here say, YOU WEREN"T EVEN THERE, minimalizing the potential thieving repeat offender's actions. You've never addressed the real criminals, the trespassing rockhounds stealing precious minerals from the landowner. Are you their fence? The whole story is weak and convaluted. Get a grip, PAX

 

[orygun]

The folks with the shotguns is who I mainly was referring to. But can be integrated or applied in both ends of the situation....

From your post the only ones we know are "perps" are the trespassers.
The rest is speculation.
Not trespassing reduces the percentage that you'll be shot at.

 

[Ni4ni]

From your post the only ones we know are "perps" are the trespassers.
The rest is speculation.
Not trespassing reduces the percentage that you'll be shot at.

Very true, but it can be said for the folks with shotguns as well. (if ignorance of law apply) the likeliness of shooting and killing someone "unlawfully" is far greater right? There is no clean end of a turd so to speak.. Really most ppl are clueless a line is made, until someone is made aware that that line has been crossed

 

[Ni4ni]

N14ni,
I can't help but notice that you're continually in defense of the rockhound trespassing

That might be because I already know that trespassing is gainst the law, but really unsure of wether or not the other folks went bout handling trespassers lawfully as I personally feel that "I" myself would have went about it differently. Given the information on the situation that I've been given, and the fact that I'm not so chicken bubblegum that a "woman that's visibly not armed" (speculation), can make me personally feel as though my life is in danger in any way regardless of whether I had someone with me and or packing a shotty or unarmed leads me to lean on the side that force used was unnecessary.. A simple " HEY MOTHA-FER!!!" Could have been more beneficial than runnin em off with a shotty. Don't know who you shootin towards, could be someone who doesn't take it well when there life is being ill regarded on that level. Never know unless you know

 

[Koda]

Very true, but it can be said for the folks with shotguns as well. (if ignorance of law apply) the likeliness of shooting and killing someone "unlawfully" is far greater right? There is no clean end of a turd so to speak.. Really most ppl are clueless a line is made, until someone is made aware that that line has been crossed

That might be because I already know that trespassing is gainst the law, but really unsure of wether or not the other folks went bout handling trespassers lawfully as I personally feel that "I" myself would have went about it differently. Given the information on the situation that I've been given

(Im trying to keep track but the two threads should be merged into this one...)

From what you've provided, it cannot be said the shotgun folks committed a crime. It doesn't matter how you would do things differently, you weren't there. Warning shots are questionably illegal on their own merit, but if the shotgunners felt their life was in danger it would not be illegal to fire a warning shot. No arrests or citations made, suggests no crime was committed by the shotgunners. Even if they just wanted to scare them off, if they live where its legal to shoot on property then its possible warning shots are legal means of communication.

 

[ilikegunspdx]

This dude was tresspassing in the neighborhood in the days before. He was The neighborhood junky. It's in California so police won't do anything. Like Portland druggies and tresspassing homeless are everywhere. The guy broke in and shot the man and wife in the head.

How were the homeowners to know who was coming on their property from the river side and what they were going to do? Shooting a shotgun into the air seems like a pretty harmless way to scare them off if you live in the country.

LA creep charged with executing ‘American Idol’ boss was heavy drug user who terrified neighbors with his antics

The man accused of murdering “American Idol” executive Robin Kaye and her husband was a “neighborhood junkie” who terrified his neighbors with his antics, locals told The Post.

nypost.com

 

[echo1]

This dude was tresspassing in the neighborhood in the days before. He was The neighborhood junky. It's in California so police won't do anything. Like Portland druggies and tresspassing homeless are everywhere. The guy broke in and shot the man and wife in the head.

How were the homeowners to know who was coming on their property from the river side and what they were going to do? Shooting a shotgun into the air seems like a pretty harmless way to scare them off if you live in the country.

LA creep charged with executing ‘American Idol’ boss was heavy drug user who terrified neighbors with his antics

The man accused of murdering “American Idol” executive Robin Kaye and her husband was a “neighborhood junkie” who terrified his neighbors with his antics, locals told The Post.

nypost.com

Was that the rockhound trespasser boyfriend? Did he have his box o rocks with? PAX

 

[Tlock]

(Im trying to keep track but the two threads should be merged into this one...)

From what you've provided, it cannot be said the shotgun folks committed a crime. It doesn't matter how you would do things differently, you weren't there. Warning shots are questionably illegal on their own merit, but if the shotgunners felt their life was in danger it would not be illegal to fire a warning shot. No arrests or citations made, suggests no crime was committed by the shotgunners. Even if they just wanted to scare them off, if they live where its legal to shoot on property then its possible warning shots are legal means of communication.

Both threads are a $#!+ show!