First time I had to draw my handgun (in this state)

[Dirtebiker]

What would LEO have done with said illegal had the OP detained him?

Most likely? NOTHING!

 

[chezuki]

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!!!

Why waste time getting dressed at all? If you're going to run someone off your property at gunpoint, you might as well go all out and do it with your **** swingin'.

 

[Jarhead77]

That's not what your gun is for. SELF DEFENSE only.

(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.

 

[TTravis]

OP, one lesson here is that if you do point a gun at someone, don't talk about it here or anywhere else. The only witnesses are you, the GF, and the drunk/high, violent, illegal guy
banging your door in the middle of the night. What is he going to say when he is caught DUI with a weapon..... "He pointed a gun at me"...... right. Maybe you didn't know better
but in the future, don't incriminate yourself or you will find yourself in trouble. No more talk about pointing guns, OK.

 

[remauto1187]

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.

Since you went there. I have 3 No trespassing signs at my driveway. One was less than 10ft from the guy in plain view.

 

[Kutnupe14]

Well, yes that too.
Just asking would the illegal have been jailed?

In absence of a crime, no. Just out of curiosity, how would I know? Is there a national citizen database? Am I to take the word of the OP, the person that doesn't like him, and drew down on him, that he's an illegal? Why is it NOW so concerning to the OP, that he hasn't contacted local federal authorities to handle this problem? That's how I think. And I'm not detaining a person simply to check out his immigration status based simply on an informant, and sans any credible info that he actually is.... My jackboots haven't gotten that high yet, and my pockets not deep enough should I find out I'm wrong.

 

[jdmack79]

Since you went there. I have 3 No trespassing signs at my driveway. One was less than 10ft from the guy in plain view.

Well then, that makes it perfectly acceptable to point a gun at a guy who had his hand in a pocket.

 

[Dirtebiker]

You might arrest him...but finding a prosecutor that would go after the OP "might" be an issue in this one.
Just saying that I struggle with the absolutes everyone is throwing around.

Struggle all you want! The op pointed a gun at the "visitor"! THAT is illegal!

 

[remauto1187]

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.

I never intended to go outside and I did not realize the GF was going to until after she already had done so. I would have never even answered the door and just called the police AFTER I had gun in hand. The only reason I went outside was because the GF was out there and I knew all the history involved with this guy.

 

[Dirtebiker]

Why waste time getting dressed at all? If you're going to run someone off your property at gunpoint, you might as well go all out and do it with your **** swingin'.

The rep nazis won't let me rep you!

 

[bwframe]

(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.

Sure. Only cost you 10-50 grand to have someone voice their opinion of whether all of that criteria was met...

 

[Dirtebiker]

(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.

(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.

Quote it a hundred times, it won't change the facts!

 

[Kutnupe14]

Since you went there. I have 3 No trespassing signs at my driveway. One was less than 10ft from the guy in plain view.

I wasn't there. And I clarified that I made my statements solely on the info in your OP.... and you obviously left out the part about the 3 trespassing signs. Did you tell the police you pointed your gun at the guy because he was trespassing? Do you point guns at every person that walks up to your door and knocks?

 

[bwframe]

In absence of a crime, no. Just out of curiosity, how would I know? Is there a national citizen database? Am I to take the word of the OP, the person that doesn't like him, and drew down on him, that he's an illegal? Why is it NOW so concerning to the OP, that he hasn't contacted local federal authorities to handle this problem? That's how I think. And I'm not detaining a person simply to check out his immigration status based simply on an informant, and sans any credible info that he actually is.... My jackboots haven't gotten that high yet, and my pockets not deep enough should I find out I'm wrong.

Thanks for the answer. Hope the question didn't sound critical, it was not intended as such.

 

[Daggy]

Well, nothing (too) bad happens, so this is a learning moment. Without knowing for sure what's inside his jacket, had you fired on him you would be spending time in a gray bar hotel, for a while. Even if it was a gun in there, your shot would still not be justifiable because he didn't threaten you or try to force an entry. He wasn't trespassing because your g/f opened the door voluntarily and talked to him, and neither one of you told him to leave until the gun came out. Based on this story, I think you have committed a felony. Fortunately for you not all offenses are prosecuted, but next time around you might not be so lucky.

 

[Dirtebiker]

I never intended to go outside and I did not realize the GF was going to until after she already had done so.

WHY?

 

[remauto1187]

Well then, that makes it perfectly acceptable to point a gun at a guy who had his hand in a pocket.

Go back and read post #47 in this thread and catch up please.

 

[Kutnupe14]

Thanks for the answer. Hope the question didn't sound critical, it was not intended as such.

Nah, not at all.

 

[jdmack79]

I'm opposed to all private parcel delivery services and only use the United States Postal Service. I refuse to support any private business before the government. When a man pulled into my driveway in what appeared to be a FedEx truck, I knew that something was fishy. I haven't had a FedEx delivery in years and certainly have not ordered anything recently. As the suspicious big white truck was backing down my driveway, I drew my M&P (who uses Glocks nowdays?) from the appendix carry holster, and maintained a defensive position by the front door. I watched a shady looking man in a FedEx hat, shirt, and pants walk towards my door. He had a small package in one hand and his other hand contained some type of electronic device. As he grew closer it became obvious that he was up to no good. As he rang my doorbell, I sprung open the door and took preventative action. This suspicious man could have had a bomb in the box with the remote detonator in his other hand. I drew my .45 ACP Smith & Wesson M&P on his chest and shouted, "STOP RIGHT THERE YOU SCUMBAG HITMAN!" He immediately changed his posture and expression from aggressive to terrified. As he ran back to his box van of deception, I ran inside and wrote this on INGO as quickly as I could.

I think that I just saved my own life.

 

[Jarhead77]

Struggle all you want! The op pointed a gun at the "visitor"! THAT is illegal!

Im just saying that it is not necessarily true. You can be upset, but without all the facts you cannot make an absolute statement that it was illegal. Use of reasonable, or deadly in this case, force may be acceptable. Yes, on the surface it may look bad and it may cost to prove it....assuming you can get a prosecutor to press it, which in this case I doubt.

I'm not saying I agree with what the OP did either, I'm saying it ain't as black and white as some of you make it out to be.