Noises in the yard.....

Discussion in 'Handgun Discussion' started by skippythedog, Jan 26, 2012.

  1. skippythedog


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    Looking for accurate info/case history, previous threads, terminology, real world encounters etc. on this subject:

    I find it interesting that if a homeowner (I've done this) goes outside w/ a weapon in your pjs or bathrobe w/ a fiream that's not holstered, you can be cited for "brandishing." I've looked for information to overcome that but always come up shorthanded because the law will tend to side w/ the "perception" of the person you're confronting. To that end, I've utilized a "throw over holster" for night time forays into the yard. A sling doesn't seem to be enough for a long gun though. I'd like to use the long gun w/ the light attached but that's clearly and immediately threatening.
    I understand the concept of imminent threat and an incursion into the home, duty to retreat or not etc. and the fact that you cannot defend property w/ deadly force.... But I'm sure not going out into the yard unarmed when I clearly hear people rifling around in the shop. Thanks in advance for your input and direction.
  2. Burt Gummer

    Burt Gummer
    Completely Out of Ammo Bronze Supporter

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    I believe it can be on your person if on your property, or CHL of course, but you cannot point a gun at someone rifling around your property unless they are an imminent, deadly threat. Geezus. Sounds crazy. So someone is digging around your tool shed, you catch them, you are armed, they say FU and start to leave and all you can do is thank them for their time, please come again ..... try to 'hold them' at gunpoint and the cops will be giving you the ride back to the station while the perp says he was lost and thought it was his buddy's house.

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