If your state has a Castle doctrine and you know you own the house, can you just walk in and shoot them? How is it not trespassing? I have never really understood it.
If your state has a Castle doctrine and you know you own the house, can you just walk in and shoot them? How is it not trespassing? I have never really understood it.
You can’t just shoot someone because they are in your house. Now if they are threatening you such as pointing a knife at you then it’s different. But that said in my area if someone is in my house ( maybe I have been on a long vacation) the law around here are not afraid to take them to jail! A guy that worked with my wife for our city was bombed out of his mind one night and broke open the wrong door in my neighborhood. He found two scared children a wife and a husband who knew how to pull the trigger on a Glock. He was buried two days later. Basically you need to be able to confirm a possible deadly threat. Don’t understand exactly what you mean but I pay taxes and expect my Sherrif to handle someone trying to set up shop in any of my houses unless I see a definite threat to my families safety.
Find your local 1% MC and "rent" them the house for 30 days, your squatter issue will likely be resolved in a day or two.
Then how do you get them to leave on day 31?Originally Posted by mean_dean
Re: the OP and first reply, it all depends on the state and its why you see it more in places like FL and not so much in other locals. I'd have to review the laws, but I suspects its some unintended consequence of a law intended to deal with unscrupulous landlords. Not sure though. But, in some state the law is, for some reason, on the side of the squatters.
As far as shooting someone in your home, again it depends on the jurisdiction. In my state and others have what is referred to as the Castle doctrine, yes you can absolutely shoot someone that enters your home unlawfully. The nuance here would be they are already living in the home and you, as the homeowner walk in the front door and shoot them. Keep in mind, I think most of the squatter issues happen in a home where the owner lives somewhere else. That is the same situation you would have as a renter. I do not know this for sure, but you might have to show prove that you actually reside in the house for castle doctrine to apply.
Bruce
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You might ask your country prosecutor for a correct answer.
Most, if not all, castle doctrine laws stipulate that the use of deadly force has to be reasonable. If you walk into your house and shoot a squatter, you're going to have to have a reason for doing so, and not paying the rent is not a reason to shoot someone. Here, for example is what the state of Florida has to say:
Florida’s law states “a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”
I agree with you on that and tried to comminicate the same.
The way that is worded for Castle Doctrine, you have to define what attacked is, I assume. In NC, if someone unlawfully enters your home while you are that, that qualifies. And it applies when we are in our vehicles as well.
Bruce
2019 20 TRX Patriot
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What if you get to your house and go in and find someone in there?
It's complicated--at least in Texas and in terms of rental property. You can eventually get squatters in a rent house thrown out, but it takes a couple of months and some legal work. Judge told me it was similar in my own home. If someone comes in and "establishes residency," then you have to go through legal means to have them removed--even in your own house. "Establishing residency" is as easy as bringing in a backpack and setting it on the floor.
The cops showed up at one my places where some squatters had taken over. Cops told me that several people there were known criminals. When I got hot and tried to throw them out, cops told me that I would be arrested if I kept it up and to leave the squatters alone until I had jumped through a bunch of hoops. Two months later, I finally was able to take back possession. By then, these people had destroyed it and stolen everything that was and wasn't bolted down.
I am no longer an owner of rental property BTW.
I am not 100% sure, but I would assume the doctrine would apply. But do keep in mind, as I understand it these squatters are setting up in houses there the owner lives somewhere else. They are not, to my knowledge, camping out in the spare bedroom while the house is occupied by the owner. Like mentioned above, you can't rent a house, tell the tenets to get out and then start shooting them and then be protected by Castle Doctrine. I think the same would apply with squatters in a house you own but do not occupy.
But be aware, I am not a legal expert and BBC is a terrible place to get legal advice.
Bruce
2019 20 TRX Patriot
Mercury 250 ProXS Fourstroke
HDS 12 Live - Console
HDS 9 Live - Bow
I’m sure they would love a new place to cook meth for a month.
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When it comes to castle doctrine and stand your ground laws, each state has their own rules. Best thing you can do is research your states laws and there is plenty of reading material and videos out there on those subjects.
A guy by the name of Massad Ayoob makes some good videos and writes some good articles about castle doctrine and stand your ground. You can find them with a search.
Just use “less lethal” stuff. Rubber slugs in a shotgun or tasers.
Show up with a large handgun or sawed odd shotgun and just walk around. It is your house so you are allowed to carry and brandish all you want.
I have heard of issues before but I never understood how laws in some places actually protect squatters. They are trespassing plain and simple and their asses should be removed immediately even if it means 3 hots and a cot at the sheriff's INN.
Really? That’s your question? Can I get away with murder?
I had to call the police to get rid of squatters this past weekend, resulting in a police chase and arrests. They had moved into a vacant rental home & were absolutely gross. Vacant because the county inspectors are short staffed & backed up. The idea of shooting them? Good God, man.
Last edited by Painter1; 09-27-2023 at 07:21 PM.
With the liberal legal system we have, nothing is plain and simple these days.
You only have to rent it to them for a club party for a long weekend. Refreshments and entertainment provided current residents!Then how do you get them to leave on day 31?
Block entry to the place 24-7. They have to leave for food sometime.
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