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.
Chap
