(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
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First time I had to draw my handgun (in this state)
- Thread starter remauto1187
- Start date
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Proper solution after this has occurred:
1. Place boot firmly on girlfriend's backside until it is clear of the door.
2. Lock door behind her.
3. Call police
4. Find smarter girlfriend
5. Profit
How soon we have forgotten the IC code for trespassing. Sorry Chezuki, you're incorrect. The victim, was not asked to leave the property, either by the OP, a sign, the girlfriend, or any other agent of the property, until after he had pulled his firearm.... at least that is how the story reads.
You kinda have to inform a person that they're trespassing before taking steps to remove them. If a guy walks onto you property, and you start pushing them off, without informing them they aren't wanted there, you have committed battery, not defended your property rights.
OP, these guys are pretty rough on you tonight. Hopefully this will be a learning experience for you and the GF and she will stay away from the door in the future.
I know***I've been married for 27 years and women will do what they want to do. How did she feel about it? Did she feel threatened? Knowing the guy and his
history of violence and desperation at that time of night, you knew there was certainly a danger there and things cold go bad quickly. I am glad you had your Glock. It probably
changed the guys plans. It is against the law to point a gun at someone, but having it drawn at your side and visible is legal. The guy could have forced his
way in, or grabbed the GF and things would have been ugly real quick if you were not prepared to defend yourselves. In the end, you took control and prevented a bad situation from getting worse.
With the lessons you learned, you both will be better prepared to work together in the future. I am glad you get to sleep in your own bed tonight.
We are all waiting to hear the rest of the story and what happened to that guy.
I know***I've been married for 27 years and women will do what they want to do. How did she feel about it? Did she feel threatened? Knowing the guy and his
history of violence and desperation at that time of night, you knew there was certainly a danger there and things cold go bad quickly. I am glad you had your Glock. It probably
changed the guys plans. It is against the law to point a gun at someone, but having it drawn at your side and visible is legal. The guy could have forced his
way in, or grabbed the GF and things would have been ugly real quick if you were not prepared to defend yourselves. In the end, you took control and prevented a bad situation from getting worse.
With the lessons you learned, you both will be better prepared to work together in the future. I am glad you get to sleep in your own bed tonight.
We are all waiting to hear the rest of the story and what happened to that guy.
GF went outside and started talking to him so how was the guy tresspassing? OP went ouside and aimed his weapon at the individual. If the guy was armed and decided to draw his weapon and shoot op then that would have been a clear case of self defense even.
remauto1187
Shooter
Let me clarify for everyone. He did not have his hand in his coat pocket to keep his hands warm. He had his left hand inside his partially zipped up coat which appeared he was holding on to something underneath his coat slightly above his waist.
How is he not? If that guy called in a complaint, and the OP relayed to me the story exactly as it is presented here, I'd have no choice but to arrest him.
Further, regardless of "who" owns the property, the girlfriend is an agent. By living there, she has equal rights to the common areas of the property (ie doorway/porch/driveway). At the point she opened the door, and began conversing with the victim, no reasonable person would believe that he was trespassing as she had not indicated such. EVEN if the OP, solely owned the property, he could not expel the victim due to the other person living there holding certain rights. At the point he pointed the gun at the victim's chest, he was breaking the law.
remauto1187
Shooter
Another clarification. I would not have stepped outside armed or otherwise if the girlfriend hadnt already committed by going outside herself. I did not know she was going to do that until after she did. She has been told to never ever do that again.
What would LEO have done with said illegal had the OP detained him?
The OP is so full of fail that it isn't even funny. Both you and your girlfriend shouldn't have ever gone outside. It was nothing short of idiotic to draw on a guy based upon his "elbow position." A little common sense could have caused this entire situation to be avoided. 
remauto1187
Shooter
maybe a little bit more context is need for my position that made me decide it was time to use force. The perp knows I do not like him because he is a woman beating pieced of doo doo and he knows he is not welcome around my home. He is also scared to death of me because his girlfriend has relayed that to my girlfriend before. That is why I decided he was desperate this morning and had to be out of his mind knocking on my door, knowing that I am home. Desperate people do desperate things. I dont know what he was on, I do know that he has a history with crack and meth. I didnt know at the time whether he thought his girlfriend was at my home and he intended to retrieve her or what....that is why I made a decision with all those facts and what I saw personally and chose to not take any chances. I drew my Glock and made him leave. I did not want to take a chance on him pulling anything out first.
EXACTLY!
I would hope that you would arrest them. Acting in such a way when you're armed just hurts every law abiding gun owner.
That's not what your gun is for. SELF DEFENSE only.
You said you got up, grabbed your gun, THEN woke up your gf. How the hell did she get up, get dressed, and outside BEFORE you?!
(or did she even get dressed?
)BIG fail on your part!!!
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