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Re: O/T Property ownership and your rights...


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Posted by Billy NY on March 14, 2008 at 08:36:09 from (64.12.117.74):

In Reply to: O/T Property ownership and your rights... posted by Turke Bros. Farms on March 14, 2008 at 06:24:44:

One thing is clear, always keep your wits about you, know and be able to reference the applicable laws immediately, and hope that your area has decent law enforcement to work with when these problems arise. You really need to coordinate with them on these problems. If they don't respond you can put them or someone of authority on notice, outsmart them too if need be. I think every land owner needs to become educated in these areas, and should develop a contingency plan based on the laws to address situations like these. It would be a good thing to know exactly what you are doing and where the line is in regards to the law, for each level or severity of an incident encountered or is likely to occur having developed a sound and intelligent method to respond would be in ones best interest if they have to mitigate these kind of problems.


Reason I say that is, it's quite easy to get caught up into the drama and heat of a situation and do something really stupid, that could cost you. You have to play the game with intelligence first and foremost, and your number one priority is your safety, by not putting yourself in danger at any time. You must also realize that any person you encounter can be extremely dangerous, NEVER trust anyone, don't put yourself in danger for any reason at all, always be completely aware of your surroundings, where there is one there is usually at least another or more. You have to be very observant and think about everything you do, don't put yourself in a position where you cannot afford time to reason, observe, and figure something out, always use the element of surprise to your advantage.

In NYS, there are laws that deal with tresspassing and do provide an avenue with some recourse for a land owner to legally defend himself in certain circumstances with deadly force. I make reference to these laws, but I'd have re-read and study closely again to get into specifics, it's very easy to forget, and also very easy to misinterpret, which is why you don't ever want to make a rash decision and hastily do something stupid like discharging a firearm at someone unless you have no other choice because your life is in danger. I have read what I believe is the applicable laws for this state, but I would want an Attorney who practices in these areas to make the interpretations needed and outline what is clear about what you can do in given situations, at least then you are prepared and educated, but clearly know where the lines are, or gray areas are. I read these laws and it seems clear, but you shoot someone, you could easily end up with criminal charges, civil suits and costly trials with associated legal fees.

One example is; say someone on an ATV who has violated the no tresspassing posted signs at conspicious locations around the perimeter of the property, and you have caught them, here in NY they have violated vehicle and traffic laws under section 2403 ( from memory) and law enforcement can impound the ATV and at least issue an appearance ticket, repeat offenses can call for up to a $500 fine and or 1 year in the correctional facility. There are other violations of applicable law in regards to tresspassing. I am aware of V&T and penal laws that do apply to something like this. The problem is safely apprehending the person which I believe you can also do in NY, until law enforcement arrives, especially if after witnessing them breaking the law and trying to escape in your presence. You can disable the ATV also. Now say they are in the escape mode or resist and try to run you over with the ATV, that level of force I believe can also be met with equal deadly force, ( you have to read all applicable law on this to just have an understanding of this ). Whatever the case, if you take things to this level, it may also put you in a world of sh$T, it's serious business, better to outsmart them and work with law enforcement if at all possible and not put yourself at any risk for criminal charges as well as losing your rights to bear arms. These rights are already being questioned, no way I'd let some idiot draw a penalty out of me and cause me to do something stupid that would rescind ones rights to own firearms.


I think it is a shame, who needs this crap today, years back tresspassing and other related things were not much of an issue, people knew each other, the farming community was of a tighter knit, always a few jerks, thieves etc., now we have to post our land and maintain a presence, in many areas that have changed.


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