I respectfully disagree. All indications are that the media, the tort lawyers and the anti-crowd all look at the posting as the equivalent of "intent", and fail to look at posting as a rightful deterrant. It is wrong, but it is the unhappy reality.Crapshoot wrote: "common sense" is a subjective term and cannot be broadly applied to simply infer a general idea. And as far as the law is concerned your are more likely to be held less liable or are at least viewed better upon legally if there is a clear unmitigated verbal or written/posted warning declaring that you will perceive any intrusion as a definite threat to either life or property. very simple case law. Why do think that military operations post warning signs against trespass. Or why retail chains post shoplifting signs. The public entities are subject to the same laws of due process as we are. They know that if something were to go to trial they would have evidence that the offender intentionally committed a crime even knowing the consequences. That’s not to say its fool proof. It does however decrease a large amount of legalistic wiggle room. And as far as drawing attention to your home, if a bad guy contemplates breaking into your home to steal a gun he almost certainly won't try anything while there is occupation, regardless of day or night time. And if you have a safe and I'm talking about a good, bolted down somewhere, would take a month to crack, decent safe then there is little to no worry of having your guns stolen. Besides anybody who has had any real honest exposure to these seedy types would know that for the most part these people aren't all that into hard work. They are lazy, rotten, selfish beings of ill repute with entitlement issues. They aren't gonna risk their butts for what you might have when they know there is an easier mark down the street. It’s like having a big Doberman guard dog sign on your gate. Or posting an alarm system sign in your yard.They don't know for sure what’s on the other side of the fence or within the walls; it’s just too risky to try something for an unknown payoff. If by some odd chance you happen to get picked by that 1 in a million guy who is willing to risk it and they bust into your home and can't get the guns because you secured them; but make off with the TV or stereo, well that’s what home owners or renters insurance is for. But the chances of that are ridiculously remote.
And B: Unless you live alone the retreat option really isn't one. If you've got a wife, a kid or 2, and don't forget about Rover; how are you supposed to "retreat" going room to room half asleep in the middle of the night with family in-tow all the while not knowing what the intruder is going to do or even possibly not knowing exactly where he's at. Unless you're one of those blessed people that have one of those "so big you could get lost" mansion type homes, the odds aren't very good. Remember we live in Texas, the greatest "do it yourself" state in the nation. It is highly unlikely that your gonna have legal issue for protecting yourself, authorized occupants, and property against an unwanted intruder of which whose intentions you can't confirm until after the fact. If an intruder has been given prior warning that there unauthorized presence on the premises is considered to be threatening then you've done your retreating. At worst and more likely you would see civil repercussions. Cops do it all the time. They issue a warning to whoever poses a potential threat and if there is persistence the officer executes the proper measures required to maintain control of the situation in that current circumstance.
To sum up, there is no real legal issue with posting such a sign. If it is taken seriously then it is feared and doing its job. And as for possible burglary, posting the sign doesn't really make you anymore of a target than the next guy if anything the opposite.
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Return to “Protected by the Castle Law, Intruders Will Be Shot (sign)”
- Thu Oct 08, 2009 6:47 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Protected by the Castle Law, Intruders Will Be Shot (sign)
- Replies: 48
- Views: 7259
Re: Protected by the Castle Law, Intruders Will Be Shot (sign)
- Tue Sep 29, 2009 8:18 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Protected by the Castle Law, Intruders Will Be Shot (sign)
- Replies: 48
- Views: 7259
Re: Protected by the Castle Law, Intruders Will Be Shot (sign)
Please...clarify...exactly...what...it...is...that...you...are...saying.
Sorry. I couldn't resist.
Sorry. I couldn't resist.
- Thu Sep 24, 2009 3:50 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Protected by the Castle Law, Intruders Will Be Shot (sign)
- Replies: 48
- Views: 7259
Re: Protected by the Castle Law, Intruders Will Be Shot (sign)
No. You would be demonstrating intent.