Trespassing question

[dabuddha]

I'm hoping someone can help settle this discussion between some of my coworkers.

The situation deals with Texas only.

Coworker A claim is that if someone "trespasses" onto your land (agriculture/farm), you have the right to shoot him. Basically he's saying if they place a foot onto your land, you can shoot them dead.

Coworker B claims that you can't shoot them unless they're attempting to break into your home etc. Basically he's saying Coworker A's claim is incorrect and that you can't just shoot someone because they placed a foot on your land.

I've tried trespass laws in Texas and have been having trouble finding a clear explanation. All I could find was :

81--Criminal trespass now makes a distinction for agricultural land as a class C misdemeanor, and Superfund sites have been added, as class B. The distinctions about liquor service, described for p. 77, apply on this page too.

from:
http://www.gunlaws.com/tgogup.htm

Any help would be appreciated

 

[leftyman]

how is your poll 1000% more?

 

[worthless085]

I was always under the impression that you could only shoot with out warning if they are tresspassing at night.

edit: here you go,
Property owners and their agents (for example, security guards) may only use reasonable force to protect their property. For example, setting booby traps on a property to hurt trespassers or shooting at trespassers are usually strictly forbidden except in extreme circumstances. A notable exception is the U.S. state of Texas, where it is legal to use deadly force against trespassers after dark (Penal Code § 9.42).

 

[Schadenfroh]

Originally posted by: leftyman
how is your poll 1000% more?

No edits, it must have been this way when he started it, so how does 100% = 1000%?

 

[dabuddha]

Originally posted by: Schadenfroh

Originally posted by: leftyman
how is your poll 1000% more?

No edits, it must have been this way when he started it, so how does 100% = 1000%?

It was an attempt at making a funny

 

[leftyman]

Originally posted by: dabuddha

Originally posted by: Schadenfroh

Originally posted by: leftyman
how is your poll 1000% more?

No edits, it must have been this way when he started it, so how does 100% = 1000%?

It was an attempt at making a funny

1/1000%

 

[Scarpozzi]

Chances are, if someone is trespassing on your land in Texas, well.....they're Mexican.

So the real question is: Is it illegal to shoot illegals in Texas?

 

[calvinbiss]

What I remember from taking the concealed handgun course in Texas is this: you can only shoot someone if your life is threatened while on your property. This means that they pretty much nee to be in your house, charging at you with a weapon or pointing a gun at you. If you shoot someone from too great a distance, or in the back, you are the one going down for murder.

 

[worthless085]

Well if you read the penal code 9.42 it says you can use leathal force if its night and you suspect your life is in danger, theft, or criminal mischief.

 

[FoBoT]

no, but it is in Lousianna

there was a case of an exchange student wandering into the wrong house (looking for a halloween party) in Louisianna about 5-10 years ago

the home owner shot him dead and was aquitted

 

[chambersc]

Originally posted by: Scarpozzi
Chances are, if someone is trespassing on your land in Texas, well.....they're Mexican.

So the real question is: Is it illegal to shoot illegals in Texas?

Shut up, just shut up.

 

[pcnerd37]

I remember a story on the radio from a number of years ago, I think from Colorado where a guy had no trespassing signs that said trespassers would be shot when somebody decided to come onto his property. Well the owner came out with his gun, told him to stop, he didnt so he shot him, but the guy kept coming so he shot him again and killed him. If memory serves, the property owner ended up with 3 years of probation.

 

[HannibalX]

Check your local laws. All 50 states have them online to view/research.

In FL you must give one warning to leave the property, then you can pop them.

Of course, if you just pop them anyway who is to say you didn't give five or ten warning to leave?

Traspassers who are lost should be corrected. Trepassers who are looking to cause trouble should be shot and killed every time IMO.

 

[FoBoT]

and no matter what the criminal law is , expect to get a civil lawsuit from the family, so be sure to have a nice fat $1 million umbrella liability policy if you are a gun owner

 

[Codewiz]

I would imagine that you would have to feel your life is in danger for you to shoot someone.

 

[Chryso]

Originally posted by: FoBoT
no, but it is in Lousianna

there was a case of an exchange student wandering into the wrong house (looking for a halloween party) in Louisianna about 5-10 years ago

the home owner shot him dead and was aquitted

Yes, but if I remember correctly, the student was wearing Army clothing and the shooter was some kind of crazy veteran with post traumatic stress disorder or something.

So you can shoot trick-or-treaters in Texas?

 

[HannibalX]

Originally posted by: FoBoT
and no matter what the criminal law is , expect to get a civil lawsuit from the family, so be sure to have a nice fat $1 million umbrella liability policy if you are a gun owner

Hah. Thats a trip.

 

[HannibalX]

Originally posted by: Codewiz
I would imagine that you would have to feel your life is in danger for you to shoot someone.

Again. Check your local and state laws on the subject and then you will know.

It would be a bad time to imagine the law when you are pointing a gun at a traspasser.

 

[Dolorous Dave]

Originally posted by: chambersc

Originally posted by: Scarpozzi
Chances are, if someone is trespassing on your land in Texas, well.....they're Mexican.

So the real question is: Is it illegal to shoot illegals in Texas?

Shut up, just shut up.

Hell, not even the National Guard are allowed to shoot at the illegals, why would you be allowed to? According to current policy on the border, even if they're shooting at you, you apparently have to run away. /political flame war commence

 

[chambersc]

Originally posted by: Pale Rider
Check your local laws. All 50 states have them online to view/research.

In FL you must give one warning to leave the property, then you can pop them.

Of course, if you just pop them anyway who is to say you didn't give five or ten warning to leave?

Traspassers who are lost should be corrected. Trepassers who are looking to cause trouble should be shot and killed every time IMO.

Are you sure about the "one warning" in FL? I assume you're speaking of the provisions found in the make my day law.

 

[zinfamous]

I don't know. It is Texas, so as long as someone can be shot and/or killed...it's probably legal.

 

[ElFenix]

it's actually a defense to murder question, so you wouldn't find it in the penal code, iirc.

 

[waggy]

Originally posted by: Scarpozzi
Chances are, if someone is trespassing on your land in Texas, well.....they're Mexican.

So the real question is: Is it illegal to shoot illegals in Texas?

yeap.

 

[BrunoPuntzJones]

Originally posted by: worthless085
Well if you read the penal code 9.42 it says you can use leathal force if its night and you suspect your life is in danger, theft, or criminal mischief.

This is the correct answer.

While legal, doesn't mean you won't need hundreds of thousands defending a civil suit.

 

[Injury]

I know certain states require that signs be posted saying there is no tresspassing allowed to take any forcible action at all.