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Thread: Few Questions on when it's okay to draw your firearm.

  1. #1
    Regular Member
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    Apr 2011
    Rapid City, South Dakota, United States

    Few Questions on when it's okay to draw your firearm.

    I live in South Dakota, just to put that out there for reference. If your on your own property (i live on a ranch out in the middle of nowhere) and someone is on your land creeping around in the wee hours of the night. What is required of that stranger before you can draw and or shoot? Also if someone is stealing your car or breaking into your car weither your in the vehicle or walking out to the vehicle, is it lawfull to draw on them? Not shoot, but draw? Thank you for your responses.

    James Trente

  2. #2
    Regular Member Chap's Avatar
    Join Date
    Jan 2011
    Greenville, MS

    Do you know how to look up your States Laws?

    If not Click here then on your state. Look top right click on State Statute.

    You might find the answer by reading your states laws. At the bottom of the (State Statute) it has links to specific gun related cites. Example:

    Title 22: Crimes
    Chapter 16: Homicide and Suicide
    22-16-33 Apprehending felon--Suppressing riot--Preserving peace.
    22-16-34. Resisting attempted murder -- Resisting felony in dwelling house.
    22-16-35. Defense of person -- Defense of other persons in household.

    These cites help you zero in on gun related info or just use the search function.

    This really doesn't answer your question but might get you start down the correct path in finding your answer rather than trusting another poster on this forum.

    22-18-4. Justifiable use of force to protect property--Use of deadly force--Duty to retreat. Any person is justified in the use of force or violence against another person when the person reasonably believes that such conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in 22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

    22-16-34. Justifiable homicide--Resisting attempted murder--Resisting felony on person or in dwelling house. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

    22-16-35. Justifiable homicide--Defense of person--Defense of other persons in household. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

    22-5-1. Conduct forced or under threat of force. No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawfully unable to resist.

    22-14-11. License not required for weapon in own home, business, or property. The provisions of 22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.

    22-35-6. Entering or refusing to leave property after notice--Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
    (1) Actual communication to the person who subsequently commits the trespass;
    (2) Posting in a manner reasonably likely to come to the attention of trespassers; or
    (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;
    is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.

    22-32-19. Aggravated criminal entry of a motor vehicle--Felony. Any person who forcibly enters a motor vehicle with intent to commit any crime in that motor vehicle is guilty of aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor vehicle is a Class 6 felony.

    You have a tough question, I would have my weapon out if I felt threatened. That being said I wouldn't consider my property more valuable than my life. Insurance would cover lost or damaged property. If I felt people were slinking around my property and I lived out in rural area, it would be a good idea to pop off a few rounds in the ground and get them running. ( no need to confront them )

    If I run into someone on my property I wouldn't pull my weapon first thing unless they act aggressively. I'd keep my distance and ask them to leave they are trespassing. (appears to be a Misdemeanor)

    Protect myself and others at all cost, avoid confrontation when ever possible. Stay safe, using force is a big decision and has financial and emotional results. I personally hope I never have to pull my weapon.

    ( Keep in mind once you pull your weapon you now have it in your hands and have limited you options ) You have to use it or put it back in your holster in order to use a lower level of force. I believe you just showed the bad guy your not willing to use Lethal force and that might be a bad thing. To those about to light me up for that comment - No I don't mean every time you pull your weapon you must use it.

    Last edited by Chap; 05-11-2011 at 09:25 AM.
    Kimber Ultra Carry II .45 ACP, 3" barrel 1911 with a Mitch Rosen holster

    New additions to the family -
    XDm .45 ACP 02FEB11,
    Ruger LCP .380 05FEB11

  3. #3
    Regular Member
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    Jun 2010
    Valhalla, Indiana, USA
    I would draw on them personally. Find out there reason for doing so and maybe reholster. They are on your property. This is my personal opinion.

  4. #4
    Regular Member hermannr's Avatar
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    Mar 2011
    Okanogan Highland
    I live in WA, also many miles from town. If I notice someone I do not know is on my property My response is to go out (holstered) with my Dobermann on a leash and find out what is going on. So far, never had to go beyond that.

    To unholster my pistol would take a lot (like hurting my dog if I let her loose, or the display of a firearm) So far, I have never had to let the dog loose before the trespasser has decided he/she is on the wrong property. Most often here it is some hunter that is, you are no longer on NF property, no this property is not open space, please leave, there is the road that will take you back, it is clearly marked where the NF begins about 2 miles that way.

    If you do not have a big dog it makes it a bit more complicated.

  5. #5
    Regular Member
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    Sep 2009
    I think it is simple....If I feel threatened enough to draw,
    I am going to fire....I don't play.
    Life is tough, its tougher when your stupid.

    Feds: U.C.C. 1-308, State: U.C.C. 1-207, Both: U.C.C. 1-103.6

  6. #6
    Regular Member
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    Jul 2008
    , ,
    Quote Originally Posted by Butch00 View Post
    I think it is simple....If I feel threatened enough to draw,
    I am going to fire....I don't play.
    I do agree-if the situation presents itself as such and there is no other way, then if you "draw your weapon" then all other options becomes irrelevant and could cause other problems that are less favorable to arise. I use my weapon as a complete "LAST RESORT". I own my property and live in the country-so I have my own Pistol Range and practice quite often, so my neighbors know-I also reload my own ammo which cuts the cost of ammo dramatically but is time consuming. Needless to say-the CRIME rate in this area has fallen dramatically especially when the neighbors come over and also practice on the range ( the neighbors that I trust).
    Know the LAWS that are in your area, REMEMBER, to call LAW ENFORCEMENT prior to the encounter, if at all possible, and convey the situation to them in the fullest way possible and keep your cool!
    Last edited by Cowboy_Rick; 05-15-2011 at 05:45 AM.

  7. #7
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    Feb 2011
    It seems the situation in question would be made a lot simpler by carrying a long gun instead of a holstered handgun when going to check on your property. No need to worry about when to draw or not. It's simply take the safety off and fire if it becomes necessary.

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