The castle doctrine and ranches

[Ruark]

The Texas castle doctrine is written to apply to residences, vehicles and places of employment. That doesn't seem to include property, like somebody climbing over a fence a quarter mile from your house. Does anybody here know the rules and limitations on using force or deadly force, or the threat thereof, with trespassers? Since this varies from state to state, I guess my question is limited to Texas.

In any case, I'd like to know, especially these days. We see strange people walking down the side of the highway all the time, and there have been some burglaries and livestock thefts in the area. I know you can't just pull out a weapon and kill a trespasser on sight. What are your rights if a trespasser refuses to leave? Are you legally justified in brandishing a weapon at that point? If the law allows you to use it and you do so, are you immune from prosecution or civil action?

 

[slick4591]

Texas Penal Code Section 9.01 thru 9.43 covers what you're looking for, I believe. As far as brandishing a weapon on a trespasser? I don't recommend it unless circumstances falls into one of the Penal Code sections.

Penal Code: http://www.statutes.legis.state.tx.us/D ... 9.htm#9.01

I also found this: http://www.rc123.com/texas_castle_doctrine.html

 

[Anonymous]

Youre not brandishing if youre on your own property. Youre carrying.
Also here you cant hold a tressPasser on your place until cops come. Because then. You are forcing someone to continue to tresspass

 

[Ruark]

The way the Texas Penal Code reads, you can not use deadly force (or, I assume, threaten with deadly force), if the individual isn't committing, or imminently committing, arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. If you read it differently, please clarify.

If that's the case, there's nothing you can do in the case of a trespasser just roaming around your property, besides following him and calling for an LEO.
-----------------------------------------

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.

 

[JSCATTLE]

Shoot him and throw your weed eater next to him ... Its your word against his .. he won't have much to say ...

 

[tsmaxx47]

the simple solution is to get a dog...............or two dogs!

 

[Anonymous]

Dogs arent as fun as shooting some pos.

 

[Crazy Farmgirl]

Shoot him and throw your weed eater next to him ... Its your word against his .. he won't have much to say ...

My thoughts exactly!!

In Michigan we have an open carry law on the books but no one does it, in public! I have a CCW but when on the farm it's in plain sight! You'd be amazed how differently people talk to you when they can plainly see your packin' :shock: ...Jehovah's witness even stopped coming by :banana:

 

[TexasBred]

Dogs arent as fun as shooting some pos.

How many notches you have on your gun ? :cowboy:

 

[Anonymous]

None but im keeping my fingers crossed. Im twisted like that. It wouldnt bother me one bit

 

[slick4591]

Youre not brandishing if youre on your own property. Youre carrying.

It's not the fact that you have a weapon; it's the manner where and in which you display it. Case law says that even acts on private property within the view of the general public can be offenses. If that weren't the case one could stand in their driveway and wag their weenie at passing cars and not commit an offense. If you're on the back forty then you're pretty safe under the disorderly conduct statute, but the assault statutes kick in.

Disorderly Conduct
42.01(8)
http://www.statutes.legis.state.tx.us/D ... /PE.42.htm

Assault
22.01(2)
Aggravated Assault
22.02(2)
http://www.statutes.legis.state.tx.us/D ... .htm#22.02

If you point a firearm at a person and are not within the protection of statutes 9.01 thru 9.43, then it looks like you have committed an offense.

 

[Anonymous]

Good thing im not a lawyer or officer aint it

 

[slick4591]

I've said from day one that the law is not based on common sense. :lol:

 

[CottageFarm]

Rules for Personal Safety & Protection (the girl version):


1.Avoid potentially dangerous situations whenever possible. Just because you can doesn't mean you should.
2.Don't go looking for trouble unless it's to protect an innocent.
3.Don't assume the worst about peoples intentions. Many are just stupid, but have no malicious intent.
4.Don't assume the best about peoples' intentions. Many are just stupid, but some have malicious intent.
5.Keep a phone and firearm handy at all times.
6.Don't point it if you're not fully prepared to use to for it's ultimate purpose.
7.If the worst possible scenario presents itself in reality, remember rule #6 and invoke it's ultimate purpose.

 

[TexasBred]

I've said from day one that the law is not based on common sense. :lol:

A lot of it is designed to try and help those that have NO common sense. Those with their peckers handing out while standing the front yard "brandishing" their Clint Eastwood 44 in the other hand.Love you thoughts there Cottage Farms. :nod:

 

[bird dog]

Approach them on your 4 wheeler with your coyote/hog gun or shot gun on the gun rack and you will be in no violation. Ask them to leave and never return. They will leave and not return unless it is a crack head. In that case make sure you are locked and loaded.

 

[Caustic Burno]

Approach them on your 4 wheeler with your coyote/hog gun or shot gun on the gun rack and you will be in no violation. Ask them to leave and never return. They will leave and not return unless it is a crack head. In that case make sure you are locked and loaded.

Have a Model 97 with a 20 inch modified barrel that I put in the gun rack on the mule. The rack is one of the stand up kind so it is sitting there sticking up like a real mean stick shift.

 

[Workinonit Farm]

Rules for Personal Safety & Protection (the girl version):

Reminds me of a set of "rules" my older brothers gave me when I was old enough to start dating;
Keep your knees together.
Never make a guy think you're going to do something you have no intention of doing.
Never kiss on the first date.
If he says he loves you, he only wants one thing and don't give it to him.
Respect your self and he'll respect you.
If you say 'no' and he dumps you, you didn't want him anyhow.

As for trespassers, we don't usually have a big problem with them. The occasional creep during hunting season, but they don't usually come back. ;-)

Katherine

 

[kenny thomas]

If that weren't the case one could stand in their driveway and wag their weenie at passing cars and not commit an offense. If you're on the back forty then you're pretty safe under the disorderly conduct statute, but the assault statutes kick in.

Surely that aint against the law. I would be in trouble there. :lol:

 

[tsmaxx47]

Shoot him and throw your weed eater next to him ... Its your word against his .. he won't have much to say ...

My thoughts exactly!!

In Michigan we have an open carry law on the books but no one does it, in public! I have a CCW but when on the farm it's in plain sight! You'd be amazed how differently people talk to you when they can plainly see your packin' :shock: ...Jehovah's witness even stopped coming by :banana:

i stopped the jehovah's witnesses by answering the door naked!