People, I have a question on trespassing. If someone was to come onto my land with a snowmobile, truck, quad etc. and be riding around without my permission. Can I legally shoot them? Say I have a few NO TRESPASSING signs up.
Can you legally shoot someone for trespassing!
- Thread starter khaos_
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give_it_all_
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No. Shooting someone for trespassing is definitely illegal.
femme.fatale.
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glacier mt lodge
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UkrainianMudKing
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Well this is where it gets good. You can, but...... Let’s say you do you had better be quite prepared to explain yourself, you had also make sure that there is only one side to your story. If you shoot someone for trespassing your wrong, however if you confront them and you feel that your life is in danger you have the inherent right to defend yourself. Now I have copied the criminal code below and you can make of it what you will.
Criminal Code, Sections 34-37
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
( b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.
(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
Criminal Code, Sections 34-37
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
( b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.
(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
Where abouts do you live??? I'm going to make sure to give you a wide birth from now on. :d
sumx54
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I think there might be a Caliber Restriction though... kinnda like deer hunting...hate to see them suffer
Oh and you might want to make sure you read through the hunting reg's closely to make sure your within the proper Season... There is also a Baiting restriction in place for the Human species, I know this for a fact...Happy Hunting :d
calgarysledguy
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Why was i sledding on your land yesturday? lol.I thought i heard a gunshot over my sled yesturday.I think you can answer that one yourself.I dont think the no trespassing signs would hold up in court.Then again if it says no trespassing i dont go there.
UkrainianMudKing
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Oh after re reading your question I am going to have to say NO you cant shoot them for just trespassing.
Orrin
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This is Canada if you scold someone harshly enough you will end up with more charges then him.
- Thread starter
- #12
Why was i sledding on your land yesturday? lol.I thought i heard a gunshot over my sled yesturday.I think you can answer that one yourself.I dont think the no trespassing signs would hold up in court.Then again if it says no trespassing i dont go there.
I would never shoot someone for that. I am just asking the question. This kind of arose on another thread about Ludwig(or someone in his family) shooting that 16 yr old girl whose was a part of a group that ripped around his land in a truck. Did they not get away with it? I wanted to know, as when I go out sledding I do not want to cross someone's land like his and be shot at. I come from a small town and we used to ride our sleds anywhere we wanted with no issues, unless for some reason there was a crop still lying underneath the snow. So again, I just wanted to clear things up. I don't want to shoot someone....well unless they're out of their mind which you could obviously tell if they aren't riding a DOO! lol.
teeroy
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on my land, I wouldn't shoot someone....in my house (and intending harm), you're dead....legal or not.
08summit
Active VIP Member
The Weibo shooting was a bit different then simply trespassing...His "colony" was receiving lots of threats from people (probabely deservingly) around the time of the shooting...his kids were sleeping in the back yard in there tents when a truck with teenagers comes storming through ripping up the yard between his house and the sleeping kids....this is in the middle of the night. I'm sure nobody knew if it was kids or grown men driving the truck but shots were fire in the direction of the truck and an innocent girl lost her life...Can't say I would do things any differently if I felt myself or my kids lives were threatened by someone trespassing on my property. Not saying this was right or deserved but I wasn't there and don't know all the circumstances and probabely never will but put in his shoes (even though he is a wack job) lots of people would do the same to protect there family...right or wrong.
I asked a cop once about shooting someone who is breaking in your house.
He gave me 2 pieces of advise
#1 Whether you kill someone or just assault them ALWAYS say you were afraid for your life and the lives of your family.
and my personal fav
#2 You can be tried by 12 or carried by 6
He gave me 2 pieces of advise
#1 Whether you kill someone or just assault them ALWAYS say you were afraid for your life and the lives of your family.
and my personal fav
#2 You can be tried by 12 or carried by 6
mach123
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X2 that is exactly right.
porkhaaks
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I do believe you can shoot and animal that is trespassing on your land . ie cow, bull, calf, sheep but alot of you would call that sheep in with your rubber boots on. LMAO
If the truck was driving in between the house and the sleeping kids, who in they're right mind would be firing a rifle in the direction of the sleeping kids. Next you'll say it was okay because whoever was aiming higher then the tents
Thats a very good point.
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