Can you use a gun to protect your property?

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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Skyman
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Can you use a gun to protect your property?

Post by Skyman » Mon Aug 13, 2012 10:06 pm

Hello,

Was in a situation today when an area under dispute was claimed by one party as his and he refused to listen to the fact that it was disputed.He gave cocky responses such as "I don't see where there is a dispute when i own the land'" , "Stop me if you dare " etc, with arrogance.I was tempted to throw a punch and pulverize his face in general, but thought of something else at that moment.

If you own property and some one is squatting, or encroaching, or dumping or abusing your property in any way, can you use firearms and also arms other than fire arms to " Persuade " them? When people get cocky, i suppose the wrong end of a gun will convince them to cease whatever they are doing, until the law takes it's course or negotiations can be made.I am not saying threaten them or use firearms irresponsibly, but make it known you mean business to people who can't be reasoned with.

Your opinions and more importantly, experiences are sought, where property and firearms came into play.

Thank You.
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Re: Can you use a gun to protect your property?

Post by jonahpach » Mon Aug 13, 2012 10:27 pm

Disputes of any kind cannot be legally solved by force either way. Unless of course if the other party resorts to it first (By that time, it might not matter to you anymore) :mrgreen:
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Re: Can you use a gun to protect your property?

Post by SYED833 » Tue Aug 14, 2012 12:29 am

Hi SM
I don't think so..Not To scare away the people on your land..You will land in major trouble if they go to the cops crying u pulled a gun on them..Now if it was a intruder in the wee hours,in or on your residence then it's a whole different game..
But one does wish it was so simple,So much time running around courts could be saved.
Best bet is to Lawyer Up
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Syed

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Re: Can you use a gun to protect your property?

Post by Vikram » Tue Aug 14, 2012 12:52 am

Syed has it right.

Apart from that, imagine the other guy under the firm belief in the righteousness of his claim pulls his gun faster than you.

Guns are for protection, of lives and property. Not for resolving disputes. Not only that is not legal, but attitudes the antis expect to play on.You have a property dispute, go to courts and police.

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Re: Can you use a gun to protect your property?

Post by spin_drift » Tue Aug 14, 2012 1:03 am

Prudence is a virtue!!..
Talk to lawyers.. file a FIR with the police...
Do not ever draw your weapon on an unarmed person
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Re: Can you use a gun to protect your property?

Post by timmy » Tue Aug 14, 2012 4:22 am

Guns are for collecting.

Guns are for target, skeet, trap, and other competition shooting.

Guns are for hunting.

Guns are for protection.

Guns ARE NOT for resolving disputes.

If this man is frightened by your display of a weapon and backs down, then you will have achieved what you suggest.

HOWEVER!

What will you do if he swears at you and curses you, and dares you to shoot him? This is not conjecture, for it has happened to me. Will you shoot him, then? Or back down?

If is he frightened and runs to the police, then you will not only not have your land, you won't have your gun, either. And you may be liable to further prosecution.

What if he lunges at you or tries to grab your gun? What will you do then?

If the gun goes off and he is hit, you will not only not have your land or your gun, you will not have your freedom. Do you know what happens to people when they go to jail? You won't have a gun in jail when they bend you over and try to do unspeakable things to you.

It may be that things will work out your way. But it is much more likely that they will not. I hardly think that it would be worth the risk.

Furthermore, I suggest that you rethink gun ownership for yourself. A gun owner is the LAST person, NOT the first person, who should think about using a gun to settle a dispute. Gun owners must be totally RESPONSIBLE, rather than waving guns about whenever there is a troublesome situation. A gun owner must know that a gun is not a magic wand that can turn every situation to one's favor. It is something to be used when one's life is threatened, and only then at the very very last resort.

I recognize that my words may be difficult to accept, but you have asked for opinions and these are mine. I have not tried to paint them over to look pretty, because the subject is too important to cloud over with pretty talk.
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Re: Can you use a gun to protect your property?

Post by goodboy_mentor » Tue Aug 14, 2012 10:49 am

@Skyman Timmy has wisely elaborated the matter in a very clear and logical manner. Immediately contact a lawyer, approach the court and follow the due process of law to resolve the property dispute. There are only two ways of resolving a property dispute, either sit amicably with opposite party and resolve the dispute peacefully, or approach court. In either case take the help of the lawyer. If you follow any third way, you are only creating immense legal troubles for yourself.
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Re: Can you use a gun to protect your property?

Post by BowMan » Tue Aug 14, 2012 11:30 am

This would be the most unwise course of action. Recently a man was shot by the Police in Times Square because he was in possession of a knife with a 6 inch blade and he did not drop it at the command of an officer.

http://edition.cnn.com/2012/08/11/justi ... index.html

The Law will definitely perceive you as an "aggressor" and you will be liable for prosecution for unprovoked aggression and threatening to cause grievous injury/murder by a firearm.

Your licence will be immediately suspended/cancelled and your firearm will be confiscated.

You will be charged under Section 307 of IPC for you knowingly brought a firearm at the site of long standing dispute with the intention to threaten/fire at the occupants. This section had provision for life imprisonment.

Please do not even harbor slightest thoughts of conducting anything remotely close to that!!!

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Re: Can you use a gun to protect your property?

Post by BowMan » Tue Aug 14, 2012 11:41 am

timmy wrote: A gun owner is the LAST person, NOT the first person, who should think about using a gun to settle a dispute. Gun owners must be totally RESPONSIBLE
Couldn't agree more with that.

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Re: Can you use a gun to protect your property?

Post by Sujay » Tue Aug 14, 2012 1:15 pm

Skyman wrote:Hello,

If you own property and some one is squatting, or encroaching, or dumping or abusing your property in any way, can you use firearms and also arms other than fire arms to " Persuade " them?
Your opinions and more importantly, experiences are sought, where property and firearms came into play.

Thank You.
Skyman,

When you ask "can you use firearms......other arms to persuade them." , one can assume that you are asking whether it is practical to do so. Because , you must be aware that legality of this is absolutely ruled out, at least in India.

Even in US, there may be some local laws where an intruder on a property may be shot, but there also, he cannot be shot to force a point while an argument is in progress. Intruder here exclude persons with whom you might have disputes.

Now, regarding the "practical" aspect of brandishing a gun in an argument, members have already elaborated the reasons to avoid it. I would only add that such actions give a very negative and UN-defensible publicity to gun ownership harming the cause of RKBA. Please consider this whenever you harbor such thoughts.

Now something personal . In another post you have informed that you have decided to be prepared for every situation involving crime about which you read in newspapers. If you occupy yourself with a magnitude of such preparation, you will be tempted to use your preparedness one day , even if it is avoidable. Additionally, over a period of time, extreme paranoia may set in , affecting your family and friends. Planning to avoid danger is good , but here you need to go a little easy.

People testing the reaction of other members in forums/blogs have a very high probability of carrying out their actions as well.

I am sorry if I sound otherwise, but my intention is only your well being.
A man should have a hobby. It keeps him out of trouble.

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Re: Can you use a gun to protect your property?

Post by SYED833 » Tue Aug 14, 2012 2:05 pm

SM
I understand where the frustration comes from..My dads land is in dispute for the past 10 years.It still is in court, in the Process of appeal..I have seen him get so frustrated by the courts that he thought to just let it be and forget about the property..
Just remember , the second the opposite party knows or senses that you have a weapon,He will go make trouble for you. Even if you don't take your weapon out,he will say you did.Then it's your word against his,and it's u who has a weapon on his person..
Legal way is lengthy and slow and frustating but you do get to go home to your wife n kids..
Regards
Syed

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Re: Can you use a gun to protect your property?

Post by surajshuresh » Tue Aug 14, 2012 3:19 pm

Hi mate my suggestion would be fight it out legally in the court... Get a good lawyer... If you use your gun to scare him he may press charges against you and cause more problem for you... Take the matter to a good lawyer before its too late mate...I know this because my dad's a lawyer i have many such scums trying to gain free money from Innocent people...

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Re: Can you use a gun to protect your property?

Post by surajshuresh » Tue Aug 14, 2012 3:23 pm

And one more thing please dont use firearms to scare people that to a licensed one... If this matter goes to the police then to the media then its a black spot for all the legal gun owners because they will start questioning about the legal gun owners in India... Thank you...

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Re: Can you use a gun to protect your property?

Post by Skyman » Tue Aug 14, 2012 5:37 pm

Hello Friends,

Let me clarify- I do not own a gun.And i won't be caught dead pulling a piece to prove a point.

Timmy, bending over new fish is an american phenomenon.Here, they just take your clothes, footwear and useful items.The cops might send a chilli powder encrusted lathi up there though.That punishment is called the " Bellary Bullet" :twisted: :twisted: .They tie your hands somewhere and laugh their backsides off while you presumably, try to scratch yourself in vain. :oops: :oops:

Sujay, you have made an excellent point.Being prepared for danger might lead you to believe there is such even when there is not.I will confess i am a wee bit paranoid from when i became responsible for others safety.A man tried to grope my date years ago and i damn near broke my hand when i threw a punch.He moved just a bit, and what was aimed for the nose pushed in his right eye.I doubt he can see with it today.I still have that scar on my middle finger.The ladies swarmed me once that story got round though :D :D .The thing is, i saw the intent in his eyes and punished the SOB as he was licking his lips at the approaching thrill and getting his hands ready.So my paranoia has evolved to a state of high alert.Which i believe is a good thing.

While i have received replies regarding firearms, what about knives and bows, slingshots,crackers etc? My personal favorite is to drop a beehive amidst intruders and squatters ROTFL ROTFL :twisted: :twisted: ROTFL .Thats the ahimsa way for me. :lol: :lol: :P .

Thank you for your very sensible and mature replies.Looking forward to more healthy debate.
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