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My uncle asked me to post this for him. He's asking is it against the law to post up a No Trespass Gun Sign at his own house/property? For example, "No Trespassing. Trespassers will be shot..."

It's not illegal. It's free expression.

I don't know if it's a good idea.

BTW, it is not legal to shoot trespassers on land or any place that is not a residence. That is different from entering a residence.

- Jim

seamusTX wrote:It's not illegal. It's free expression.

I don't know if it's a good idea.

BTW, it is not legal to shoot trespassers on land or any place that is not a residence. That is different from entering a residence.

- Jim

Trespassing is NEVER a justification for deadly force.

txinvestigator wrote:Trespassing is NEVER a justification for deadly force.

I didn't mean to say that it was, but isn't burglary of a residence also criminal trespass?

- Jim

I know its not a right thing to do. It was just a debate with a good customer that is a gun nut. We started talking about if its legal or illegal by law if you can post it on your own property. I know trespassing is NEVER a justification for deadly force.

NguyenVanDon wrote:My uncle asked me to post this for him. He's asking is it against the law to post up a No Trespass Gun Sign at his own house/property? For example, "No Trespassing. Trespassers will be shot..."

Maybe your uncle should post his property 30.06 so at least no one will carry a handgun onto his property.

Anygun

seamusTX wrote:It's not illegal. It's free expression.

I don't know if it's a good idea.

BTW, it is not legal to shoot trespassers on land or any place that is not a residence. That is different from entering a residence.

- Jim

There is NO such thing as "Free Expression" written anywhere in the Bill of Rights!!!!

Sorry...that just tweaks me out when people use that

I think its a bad thing...because it could be used against you if you did have to shoot someone

I wish somebody would have told the farmer who's land I was tresspassing on when I was a kid. He filled mine and a cousins backsides with rock salt. Oh wait, I just remembered. We were also stealing watermelons too.

Molon_labe wrote:There is NO such thing as "Free Expression" written anywhere in the Bill of Rights!!!!

Sorry...that just tweaks me out when people use that

I am not going to discuss this point further because of the forum rules.

- Jim

seamusTX wrote:

txinvestigator wrote:Trespassing is NEVER a justification for deadly force.

I didn't mean to say that it was, but isn't burglary of a residence also criminal trespass?

- Jim

No. Burglary requires the person have the intent to commit a felony, theft or assault. Trespassing is just being there.

It is an important distinction, especially if a person is outside of a residence.

txinvestigator wrote:No. Burglary requires the person have the intent to commit a felony, theft or assault. Trespassing is just being there.

I didn't express myself clearly.

If a person commits burglary -- entering a residence with the intent to commit a felony -- isn't that person also committing criminal trespass?

- Jim

seamusTX wrote:

txinvestigator wrote:No. Burglary requires the person have the intent to commit a felony, theft or assault. Trespassing is just being there.

I didn't express myself clearly.

If a person commits burglary -- entering a residence with the intent to commit a felony -- isn't that person also committing criminal trespass?

- Jim

Yes; however, this thread is about trespassing, and it was written, "BTW, it is not legal to shoot trespassers on land or any place that is not a residence. That is different from entering a residence".

That statement could lead one to believe that it IS legal to shoot a trespasser that entered a residence.

It just worries me that someone could get the wrong idea based on something they read here and act on that.

txinvestigator wrote:That statement could lead one to believe that it IS legal to shoot a trespasser that entered a residence.

It just worries me that someone could get the wrong idea based on something they read here and act on that.

Well, I wouldn't want that to happen. Thank you for clarifying it.

- Jim

I’ll probably regret asking this question, but no one that knows me every accused me a being the sharpest pencil in the box…

Does the presence of such a sign have any legal bearing in regards to a criminal law suit? For right now, let’s leave civil suit out of the discussion.

You often hear the comment “Don’t say/post that, it could be used against you in court to show intent!�.

It seems to me, and I admit I’m a legal idiot, if the shoot was justified, having such a sign posted, such as we’re discussing, wouldn’t have any bearing, and if the shoot was not justified…well you’re dead meat anyway and the sign is the least of your problems.

So, is there any case law out there that would give some insight into this? Are you putting yourself at legal risk by posting such a sign?

Now I don’t recommend such signs. Not because I feel they represent a potential legal issue, but because I don’t think they do any good, and may attract the wrong attention. I really doubt a BG will decide to go next door just because you post a sign saying you’ll shoot him. Signs like “House protected by XYZ alarm system� probably have some deterrent effect, even “Watch out for dog� may have some impact, but “ Robbers will be shot� probably doesn’t.

I know this is technically not on subject since the question was “is it legal�, but I think it’s within the general scope of the question.