Bonanza
Well-known member
- Joined
- May 20, 2020
- Member Number
- 583
- Messages
- 64
The presumption of reasonable fear triggers when the intruder is inside the home. In a situation where you just opened your front door, and there is an obvious threat on your doormat, and you pull out and start blastin, well that would likely come down to motions in limine. There's an argument that it would be absurd to nullify the obvious intent of the law because of a micrometer's worth of physical distance. But I haven't seen that come up in a real life situation. I suppose the closest thing I've seen is that wild video where those guys are posing as repairmen (Texas?) and the HO just starts shooting through his door at them. But once again, that is not going to be a clear answer one way or another. In a sample of 100 judges, 50 could rule one way, and 50 another.Does it make any difference if the home owner remains inside the home or steps out to confront the threat before it reaches his family?
Derail: What about signs, does any posted signage ever play a role in a case? "warning, keep out. Pit bull on property. No trespass."
Is having any kind of sign going to help or hurt a person in a court room?
As for signs, they are worthless. Zero legal effect. Posting or not posting a sign doesn't impact your ability to use force.