Homeowner arrested for shooting tresspassers in Hillsboro

[riverrat373]

There seem to be many "internet lawyers" with their opinions here. I suggest to some of you that instead of just making up what you think is correct, that you actually do some research. I would also suggest that people who are curious as to what the law really says do their own research instead of taking the word of the "internet lawyers".

 

[oregonshooter]

riverrat373,
Anyone can look up the law. Most can ascertain what it means or was intended to mean, but it all boils down to 12 idiots in a box.

 

[riverrat373]

riverrat373,
Anyone can look up the law. Most can ascertain what it means or was intended to mean, but it all boils down to 12 idiots in a box.

I agree, but when people here start quoting their opinion as to what Oregon law says, then there is potential for others to get themselves into a tight spot. One poster says that you have a "duty to retreat" under Oregon law. That's NOT what the law says. Another claims that under the Castle Doctrine that you cannot be sued in civil court. I can't find anything that states that as fact.

 

[Trlsmn]

I agree, but when people here start quoting their opinion as to what Oregon law says, then there is potential for others to get themselves into a tight spot. One poster says that you have a "duty to retreat" under Oregon law. That's NOT what the law says. Another claims that under the Castle Doctrine that you cannot be sued in civil court. I can't find anything that states that as fact.

Agreed, always look up the law and understand it as best you can ,what you don't understand take the time to study until you do understand. I wish that people would back up legal statements with the statutes and not just internet legal advice.

 

[LastinrugerIII]

I live back in the woods on 50 acres and if i saw someone lurking around my property i would just pop of a couple rounds straight in the ground, not towards them at all. would that bring any legal recricusion to me?

 

[oregonshooter]

Trlsmn,
That would require them to read them or know where to find them.

riverrat373,
I hear ya. There is no point in confusing the subject with facts with most people on the inTard.NET and I don't really try anymore.

It's the 9mm / 45acp, 5 shot wheel gun / G17, carry alternative force multipliers / a gun is enough, etc. etc. arguments... 99% of the people on forums "don't know what they don't know."

A lot of those arguments are experience based, but the law (verbatim) is one google search away and people are too lazy to type it in to educate themselves, let alone stop themselves from spouting utter rubbish on the topic.

PS> I did read about the no civil trial if no-billed for criminal in Texas somewhere but don't care enough about it to find the law as it does not apply to me and I don't try to convince Texans that I know their laws.

 

[oregonshooter]

I live back in the woods on 50 acres and if i saw someone lurking around my property i would just pop of a couple rounds straight in the ground, not towards them at all. would that bring any legal recricusion to me?

I know, I know....

Oregon Revised Statutes

Now you can also!

 

[chemist]

Hey oregonshooter, your posts are a breath of fresh air. I'm so glad that I don't have to type in all the refutations of nonsense that you compose so concisely.

We don't need a Castle Law, IMO; the OR statute holds that burglary of a residence is a justification for deadly force, period. It doesn't even say that it has to be your own residence!

The police virtually said as much in the article:
"There was not enough action by the suspects to constitute a burglary," he said. "Therefore, he doesn't really have a right to fire a gun."
So line up your shot and wait for them to snip the lock before you...
.. you know, scream like a girl!

 

[oregonshooter]

your posts are a breath of fresh air

LOL! I've never been accused of anything like that on a forum. Usually I get banned for "saying it like I see it" especially concerning gear and tactics on gun forums. Thanks though!

Practice that scream cause articulation on the stand is important.

 

[glockguy]

I live back in the woods on 50 acres and if i saw someone lurking around my property i would just pop of a couple rounds straight in the ground, not towards them at all. would that bring any legal recricusion to me?

well from what I can tell from the article, they made it sound like this fella lived in a residential area... you live on 50 acres so hearing gun shots coming from your property I would assume would be normal for your neighbors? and since i would guess you own your property you can shoot all you want

As for this Linton dude, what he did was stupid... firing shots TOWARDS some people with out actually seeing the threat or knowing what it was for sure or how big of a threat it really was just plan stupid... If they made an attempt to enter the house then perhaps different actions could be taken.. but firing shots at them was not the brightest idea this guy has had...

 

[oregonshooter]

glockguy,

You would be AMAZED at how many shoot through doors in the city because they thought an intruder was in the house.

I can remember my FTO asking the guy who put a round through a door the wind had blown, they were trying to clear the house after they discovered a breakin.

The shot was about 6ft 7in high and off the center line of the door. He asked him why it wasn't where a person should be if he was shooting at "someone?"

All he got a was a head drop and sheepish blush. People want to use the gun as a warning device... IT IS NOT A WARNING DEVICE PEOPLE!

 

[Karma]

withdrawn

 

[riverrat373]

I live back in the woods on 50 acres and if i saw someone lurking around my property i would just pop of a couple rounds straight in the ground, not towards them at all. would that bring any legal recricusion to me?

Ask a lawyer.

 

[LastinrugerIII]

I'de rather use a warning shot or 2 rather than caping someone and getting my gun taken. however in the case of breakins i hear you, guns are less expensive than lives.

 

[riverrat373]

Karma, I owe you an apology! I meant to quote clearconscience's statement that Oregon had a "libby" law that required a person "to retreat". ORS 161.209-229 says that a person can use lethal force "without a duty to retreat".

 

[Karma]

Karma, I owe you an apology! I meant to quote clearconscience's statement that Oregon had a "libby" law that required a person "to retreat". ORS 161.209-229 says that a person can use lethal force "without a duty to retreat".

LOL. It's cool. I was just thinking that I probably over-reacted anyhow. Sorry I went a bit overboard.

 

[riverrat373]

LOL. It's cool. I was just thinking that I probably over-reacted anyhow. Sorry I went a bit overboard.

Peace

 

[riverrat373]

glockguy,

All he got a was a head drop and sheepish blush. People want to use the gun as a warning device... IT IS NOT A WARNING DEVICE PEOPLE!

He probably watched too many episodes of Roy Rogers when he was a kid!

 

[mjbskwim]

There seem to be many "internet lawyers" with their opinions here. I suggest to some of you that instead of just making up what you think is correct, that you actually do some research. I would also suggest that people who are curious as to what the law really says do their own research instead of taking the word of the "internet lawyers".

True.

The point here is it sounds like the dumbass home owner was just shooting towards them,with no regard to where his bullets were going to end up.

Now as far the castle and equal force type questions,if a guy is in your house uninvited,and you have a wife or a child in the house,the intruder has an easy ability to kill them,so you are fearing for your families life.

A little guy,about 130#s told me he had investigated this,and was told because of his slight stature ,he would have more right to defend himself with a gun.Same as a woman would.

The whole thing about all this who's a lawyer and who aint is you have to have this played out in your head,so when asked,in a few days after you have settled down (not the same day,you will need to get your head right) you can tell them you feared for your defenseless daughters/wife's life.
And have a great story about how it played out.

Someone on another forum said you tell the PD you will be glad to cooperate at a later time,then you don't start saying "MOFO shouldn't a stepped foot on my property",leading them to believe you wanted to kill the intruder.

Now if is like my place,just me,then they may have some kind of case,because maybe I could overtake the guy.

Won't happen that way here,so I need the good story.

 

[56kninja]

>"There was not enough action by the suspects to constitute a burglary," he said. "Therefore, he doesn't really have a right to fire a gun."
Well that sucks. I thought we had castle doctrine? I guess in OR it would be a better idea to try and scare them off first.

Here is the fun way to do it:
1) Make tea
2) Grab AR-15, armor, and sunglasses
3) Go outside and sit on a chair on your back porch with the AR-15 in your lap, sip your tea, and then don the sunglasses while putting on the biggest coolface you have.

What, no cigar?