Have you ever hunted private property without permission?

[Stormtrooper154]

Don't know how true this is...but was told some time back...that if you ever shoot an intruder and he falls outside into your yard, drag him in your house...cause if he is in the doorway and falls back into the yard, you can get arrested for murder, but if he falls forward into your home, you can say he was robbing you ... but as I said, don't know if it's true, never did it...and hope to never have too! This is what I was told was the law in Virginia Beach...but I don't know.

You were told breaking the law by tampering with a crime scene is the law? LOL  Trust me, they will know that the body was moved and your ass is grass!!!!!! Good job for doubting it, because it is false information! LOL The only time you can use lethal force is to defend yourself, or a 3rd party person from death or serious bodily harm. Not for trespassing, not for looking into your car and taking something, not for eyeballing you funny, etc. If someone breaks into your home in the middle of the night, that is justification enough to defend yourself from what you believe to be a deadly threat. If you scare them off and they are retreating and you shoot, you are done! If you fire to stop them from an advance toward you, you are justified.

Little less "I was told by someone" and more facts!  Although, I do find the I was told by someone, who knew someone, who was friends with the guy that did it stories kinda funny.  What some people believe as fact....It amazes me and these are the people that end up in jail for doing something stupid , LOL

 

Amazon Forum Fav 👍

A Handbook of Civil War Bullets and Cartridges - Grab it through Amazon!

[Stormtrooper154]

There was a story here in California were a young man was stealing Halloween decoration from someones property....Dead, shot on site.two teens killed stealling pot from property...dead by cops.The kid had a BB pistol.

It is sad, but maybe that will make the other kids think twice about carrying a fake gun!

I cant believe what these kids are thinking these days. Lets go commit a crime and carry a fake gun that looks real! Yeah dude, That's a good idea...Woohoo.

 

[Stormtrooper154]

You cannot shoot someone for trespassing unless he enters your home, hence the castle doctrine not the yard doctrine. If you shoot someone for being on your land that is murder, plain and oh so simple, you will spend the rest of your life in prison.

Not really..if you feel your life was threatened then you have every right to defend yourself..and the castle doctrine does not just apply to your home....it allows you to pretect yourself or someone else if you feel your life or theres is in danger,and not just in your home..

Unless you shoot him dead, other wise he can sue you.I think.

Even if you kill a person and found to be justified....you can expect a civil suit brought against you from the criminals family. Once you beat that because you were cleared of all wrong doing in the criminal trial, you can counter the lawsuit and sue them for the legal fee's, etc.

 

[EDDE]

threads like this go around in circles
needs more

 

[Montana Jim]

Every thread that starts with:
- Legal questions
- Cemetaries
- Trespassing
- Carrying a gun
- Asking Permission
- Filling in holes
- State Parks
- Inner City parks

Ends with someone carrying a bigger gun and shooting trespassers.



I need more popcorn.

 

[mastereagle22]

There was a story here in California were a young man was stealing Halloween decoration from someones property....Dead, shot on site.two teens killed stealling pot from property...dead by cops.The kid had a BB pistol.

It is sad, but maybe that will make the other kids think twice about carrying a fake gun!

I cant believe what these kids are thinking these days. Lets go commit a crime and carry a fake gun that looks real! Yeah dude, That's a good idea...Woohoo.

We just had a 22 year old cop get shot by a 15 y/o in St Louis.

 

[Tom_in_CA]

Very good observation Montana Jim. I hadn't thought about those topics being the sore spots, but they are For this one, It boils down to: if you're too timid to be brave about where you hunt, you'll be stuck with clad from sand boxes I remember a fellow who was 19 or 20 here in CA, who used to get into bars all the time, and walk right past bouncers (our drinking age is 21). I asked him "hey, how do you get past the bouncers if the drinking age is 21??" He said "you just walk in like you own the place, and they don't even notice you. But if you look at them funny and scared, then they ask for ID and deny you"

 

[teverly]

The only comment i have to all who say they would hunt without permission it if owned by a bank ect....
Just remember,if they come out and see damage to the house or building,or think you are tearing up the grounds YOU WILL BE HELD RESPONSIBLE!!
And with the way the courts are today plus with them being big business how many of you think you would win in court?
They wont give you permission to cover the behinds in case you get hurt and try to sue,and if you trespass and the cops do check you out they usually will press charges to make an example.....

 

[jeff of pa]

Every thread that starts with:
- Legal questions
- Cemetaries
- Trespassing
- Carrying a gun
- Asking Permission
- Filling in holes
- State Parks
- Inner City parks

Ends with someone carrying a bigger gun and shooting trespassers.



I need more popcorn.

Excellent point & Both are Wrong.

& 2 Wrongs Never make a Right.

But sometimes 3 Do.

So when things turn into a Threat.
(the third Wrong)

I delete the thread & all in the world becomes Right

 

[Stormtrooper154]

I do believe we have a member on T-Net here that learned the hard way....He was at a house that was empty & run down and appeared to be otherwise abandon. Well, It wasn't abandon and the property owner drove by and saw him. He called the police and they should up and issued him and the person that was there with him, criminal citations for Trespassing. I am sorry it happened to him, however you just cant go around thinking you own the place and do what you want on other peoples property no matter what it looks like to you!

As for the bank property being OK to hunt because they charge to much interest on the loans...WTF. That is the same mentality as the people that get caught stealing from employers and say that it was OK because the are underpaying me so I deserve to take a little from "The man".

Boy oh Boy....What people can justify in their minds!!!!

 

[wildrider]

How many times have you taken newbies out with you to hunt If I did this during most of my hunts, I probably wouldn't enjoy them nearly as much. You'd be checking or re-checking targets for them, advising them on how to dig, trying not to skunk them too badly.

Every so often, I pick up a "project," i.e., a newbie to our hobby that needs some help. I usually go hunting with said person a good bit, help them with detector issues, share advice and research techniques, and then pretty much let 'em have at it. They usually remain good friends and huntin buddies afterwards. This takes a lot of energy and time, and I don't do it very often. In theory, I think the idea of taking your back-up machine with you and making the offer to the property owner is sound, but in my experience, property owners are usually too busy to drop whatever they're doing and participate in a hunt with us. Remember, it is us that randomly intruded to knock on their doors and interrupt their lives--however briefly. Usually owners just ignore me after they give me permission, and only occasionally check in.

Regards,

Buckleboy

I wanna be "a project" and go to your civil war places brother. Maybe I could learn how to find something other than wire and popcans.

 

[Montana Jim]

Every thread that starts with:
- Legal questions
- Cemetaries
- Trespassing
- Carrying a gun
- Asking Permission
- Filling in holes
- State Parks
- Inner City parks

Ends with someone carrying a bigger gun and shooting trespassers.



I need more popcorn.

Excellent point & Both are Wrong.

& 2 Wrongs Never make a Right.

But sometimes 3 Do.

So when things turn into a Threat.
(the third Wrong)

I delete the thread & all in the world becomes Right

I know it's not always the case Jeff... and you do a great, no - fantastic job of leveling the field and keeping posts on track... but cripes evy time one of those topics comes up it becomes hot right away! We are a defensive people...

Your last line is awesome! LMAO

 

[joya_dorado]

Without putting too fine a point on it... what do we mean by "private property"? Clearly if a person or other legal entity holds a deed or lease on a piece of land then they do have waht are referred to "exclusionary rights". That is, they may exclude other people from using the property. However there are vast areas of grey we need to recognize. For instance, if a landowner buys property and some previous owner sold the mineral rights to that property and if you buy or lease those rights then you don't have to ask the "property owner" anything. Of course he may still call the sheriff but it's not likely you will have any direct legal problems if you can present the right paperwork. Of course by then you have pissed off the landowner and wasted the sheriff's time which could have been avoided if you had just ASKED THE OWNER'S PERMISSION. Then you have the situation in BLM controlled lands where the land is "public" with the exception of mineral or other claims. Then, again, ask the claimholder's permission, if you can find them. Problem is, as many of you know, when you'rre off in the Henry Mountains of Southern Utah or some other remote place it's unlikely that you will find anyone to ask permission of. Thirdly you have the situation I have encountered many times in Texas where there are vast unmarked wooded areas in floodplains that are "owned" in a hodgepodge fashion by municipalities, individuals, corporations, etc and nobody has any clear idea where the property boudaries are. I might add that when these flood zones lie near towns in the South especially they can be very dangerous places frequented by hoboes, homeless people, poachers, artifact hunters, metal detectorists and other slackers. You takes yer chances. Just go to Google Earth and look at San Antonio Texas on the north side of town or Austin or most any southern town that has creeks and rivers and you'll see what I mean.

 

[teverly]

As we all know public land isnt public anymore..mostly gov. controlled and do you think they will give permission??
But they WILL punish you if you are caught "trespassing" on public land....

 

[joya_dorado]

You can metal detect on most unclaimed BLM land so long as you do not remove artifacts over 50 years old. That is to say, you can remove gold nuggets and other minerals and if you wish, file for a mineral rights claim. However, if you find old gold coins then things get complicated. You can apply for a treasure trove permit in that lucky circumstance, or.... be discrete, if you know what I mean and I think you do

 

[joya_dorado]

Plus, there are areas that BLM has set aside for recreational gold prospecting for all. Personally I like exploring BLM land as opposed to National Forest or, god forbid, National Parks. BLM land is the closest thing we have left to true "public land". Just don't mess with archelogical sites... they belong to all of us.
That being said... if one happy metal detorist should find and "liberate" from "public" land a saddle bag or two of gold coins that, let us say, Mexican bandits stole from Spanish missionaries who stole it from the Aztecs who stole it from the Mayans who enslaved some other tribe who dug it out of some stream somewhere... it ain't really stealin' is it?
Discretion my friends... discretion.

 

[whitesid]

yep

 

[kindafoundabuckle]

Sometimes it is better to ask forgiveness than it is permission

 

[teverly]

Remember that when you are paying a fine or trying to get your car and detector back!!!!

 

[Montana Jim]

Sometimes it is better to ask forgiveness than it is permission

It's not always better - but it IS always easier.