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trespassers may/will be shot?

Discussion in 'Legal & Political Archive' started by cbzdel, Jul 14, 2010.

  1. cbzdel

    cbzdel Tacoma, WA Member

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    i assume if someone has a "trespassers may/will be shot" sign and actually shoots someone they will be in trouble with the law. correct?

    i dont understand these signs, we have family property in the middle of no-where Washington and I see alot of these sign up all over the place.

    (I am a n00b to gun laws so please excuse my ignorance)

    I figured there is no way they could get away with it so why post the signs?? scare tactics?
     
  2. Bam

    Bam Portland Member

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    I wouldn't want to have those signs up in a county with a over zealous prosecutor...
     
  3. Riot

    Riot Benton County, Washington Well-Known Member

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    Shooting someone for tresspassing is like shooting someone for shoplifting.

    You only shoot someone when in the defense of yourself or others when you feel that your life (or others) is in jeopardy of greater bodily harm or threat of death.

    Posting signs like that can be both a hinderance and a blessing. When you post something like that a defense attourney can state you gave ample warning to the subjects while a prosecuter can spin it that you are just some trigger happy redneck looking for an excuse to shoot someone.

    Signs of "No Tresspassing" should be used over the latter because of the reasons stated above. The "victim" and/or their family members WILL sue you....expect that. Yes, we are a Castle Doctrine state, but realize that your RESIDENCE and your PROPERTY are two completly different things.

    Firearms should only be used as a last resort...remember, even pointing a firearm at someone is assault with a deadly weapon.
     
  4. cbzdel

    cbzdel Tacoma, WA Member

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    just to clarify, i read my post..

    our property does not have these signs, its on neighboring properties.
     
  5. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I prefer the signs that say trespassers will be violated!

    deliverance.jpg
     
    MA Duce, rusobr2, davef and 3 others like this.
  6. ZachS

    ZachS Eugene/PDX Active Member

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    Nice, I wish more people around here shared their family photos... :laugh:
     
  7. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    :bluelaugh::laugh:Striking resemblance, eh?
     
  8. LibertyorDeath

    LibertyorDeath Western Washington Member

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    Not in Washington, we have a separate law for just aiming down on someone, there are still some caveats so I quoted the RCW below. The deadly weapon part is now an enhancement to a crime.

    I do agree that drawing down on someone is a last resort, basically the time to shoot is upon you and the assailant has from the time you realize that until just before the firing pin hits the primer to stop his actions.

    RCW 9.41.230

     
  9. Riot

    Riot Benton County, Washington Well-Known Member

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    Gross Misdemeanor? That's a new one on me...I'm always used to them tacking on the "Assault w/ a Deadly Weapon" charge. Never seen anyone get charged with "Aiming Dangerous Weapons". I wonder if that is a way to charge you for open carry?
     
  10. FrontierFritz

    FrontierFritz West foothills of the Cascade Mountains Member

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    These signs are silly.
    There is also the possibility that some reckless punk will see signs like this as an invitation to try to antagonize, provoke and test people who post them or wear them on t-shirts..
     
  11. LibertyorDeath

    LibertyorDeath Western Washington Member

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    I think it is for aiming your weapon at someone when you don't have any justification to. Did you notice how it says when conduct not amounting to a violation of chapter 9A.36. Aiming a weapon at someone in commission of a crime is an enhancement but this is a separate crime where no other violations are involved, i.e. drawing down on someone merely trespassing.
     
  12. MarkAd

    MarkAd Port Orchard Well-Known Member

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    My signs . If you enter this property without premission I will assume you are armed and will protect myself IAW with Washington state law
     
  13. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    :laugh::laugh::laugh: He got ya Trlsmn! Well played ZachS!
     
  14. DoubleTapDrew

    DoubleTapDrew Oregon Well-Known Member

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    A less aggressive sign to warn people to keep out I've seen said something like "Caution, Active firing range in use, Do Not Enter!"
    I kind of like the one with a picture of a Barrett saying "If you can read this, you are in range" but it's got the same possible legal problems as the original post, along with the "Anyone found here at night will be found here in the morning" type signs.
     
  15. Cliph

    Cliph Eugene Member

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    It is simply a threat and has no legal merit, but I'll let you go check it out and cover your six. Report back to me on how it worked. (G) You could be right, dead right!
     
  16. ZachS

    ZachS Eugene/PDX Active Member

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    they all have possible legal problems. a fence and a 'no trespassing' sign is as far as I'd go myself.
     
  17. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I see a whole can of worms of legal problems. Say you put up a sign you think is clever such as "Anyone found here at night will be found here in the morning." Cute.

    Now suppose something happens one night and you actually do have to shoot an armed intruder (rustler maybe) on your back 40 while checking your livestock to see what the commotion is.

    Anyone else see the possible issue here? Anyone else see the same issue of you have signs that say "Trespassers will be shot?"

    Why have signs that make you look like a nutcase when some day you may have a real necessary shooting incident?

    $.02
     
  18. jagerMR

    jagerMR Hillsboro Member

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    why such a discussion about a sign? who cares what your sign says. i have one of those signs, its meant to be FUNNY, but very true.
    OBVIOUSLY, if you defend yourself or your family within the law, it doesnt matter what kind of signs you have up. ANY prosecutor is going to try to twist the story their way.
    Its like saying if you have a "Bite Me Chevy Boy" sticker on your Ford, get into an accident with a GM brand, that someones going to say "See! He had it out for Chevy drivers! That was intentional!"
    rubbish
     
  19. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    I would err on the side of caution on this one. While I agree that a 'trespassers will be shot' sign is really harmless and doesn't indicate someone is looking kill someone, I do believe it would give the DA a lot of ammo against you if you had to shoot someone on your property.
     
    evltwn and (deleted member) like this.
  20. cyclesurvival

    cyclesurvival Vancouver Well-Known Member

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    Got your hole dug? it gets messy when you dont. more people show up and you end up digging alot more holes
     
    Redcap, mjbskwim, PaulZ and 3 others like this.