attempted murder as far as I can see.
The guy should put spikes or nail boards on his property and
clotheslines
"Chuck" <chucka...@aol.com> wrote in message
news:1158687321.1...@m73g2000cwd.googlegroups.com...
True. You can't legislate common sense, and you can't fix stupid.
Spdloader
Ya, but our goverment sure tries.
Pretty soon it will be a law that you have to eat brocolli twice a week.
Or take a multivitamin once the OneADay and Centrum folks get their
money into the pockets of the crooks in washington. :)
.....just like the insurance lobbyists did.
Agreed.
Spdloader
Yeah that's just brilliant. Fight stupidity with imbecility. Wait to go
champ.
Alex.
I have no respect for criminals. I think its more humane than just
shooting them, don't you think so?
Bleh. No point arguing. How's Bin?
Alex.
lol!
Hehe really though.. This isn't the place to start a debate on this but lets
just say I think the old "eye for an eye" thing from the bible didn't work
thousand years ago and clearly doesn't work today either.
Shooting or booby trapping a criminal simply lowers you down to his level
(lower in many cases such as this one, since clearly the initial incident
wasn't premeditated). You don't teach by torturing/hurting/killing poeple,
you only perpetuate bad behavior.
Besides, what makes you think the victim told the whole story? There are
always 2 sides to a story and you know how the media likes to dramatize
everything. Perhaps the "victim" had a gun and was about to shoot one of the
2 guys for trespassing (brilliant idea BTW, sheesh, I would have ran him
over too).
Poeple who would shoot or booby trap a trespasser aren't any better than the
terrorists we're spending billions to catch overseas. Might as well round
them up in Guantanamo with the rest of 'em.
Alex.
The fact is, even if completely justified by the aggresive and dangerous
behavior of a tresspasser, setting boobytraps puts you in a completely
indefensible position, legally speaking. If a tresspasser is killed or
wounded, he/she (or his/her family) can sue and easily win if it can be
shown you set a trap. There goes your house, car, first born, etc. In my
state, by the way, this "trap" does not have to be obvious. If you decide
to make access difficult by piling limbs and brush across a trail and a
tresspassing ATV flips and kills the rider while climbing over it, you're in
trouble! If you put up a bright orange gate with stop signs on it and
someone runs into it and kills themself, you're in trouble.
The only legal way to deal with a tresspasser is to get a plate # (if ATV is
so equipped), or a complete description, then call the cops and ASK the
tresspasser to wait around for them to show up to make the arrest. You
can't take their keys, you can't restrain them in any way, you can't even
touch them - all of these are "assault" or "unlawful restraint." You have
no right to ask for ID. Not a very level playing field.
In my area of New York state (far far from NYC), it costs a tresspasser
about $150.00 in fines, fees and court costs to tresspass. Tresspass on
private property is enforced by state troopers here. Usually after a couple
of instances of having names and fines published in the local paper, most
folks will not try to tresspass again. However, the property must be
legally posted which means signs on trees a prescribed maximum distance
apart, listing the owner's name, the contact phone or address, the nature of
the prohibitions. It's a pain and expensive to do. Most of my tresspass
issue is not by ATV or snowmobile, but by guys on foot (hunting). Usually
they can't get away before the cops show up.
One of the posts below said "You don't teach by torturing/hurting/killing
poeple, you only perpetuate bad behavior." Well - killing them IS a sure
way to stop THEIR bad behavior! The pain of paying a fine could be
considered by a True Liberal to be "economic torture" to some poor
impoverished guy who only wanted to ride his expensive toy across your farm
or woodlot, so maybe I'm no kinder by suggesting prosecution than the guy
who sets a boobytrap. I can understand the frustration landowners feel when
their right to defend the "quiet enjoyment" of their property is diminished
by the courts and leaves them with (essentially) few remedies short of
inappropriate violence.
"Alex" <bro...@hotmail.com> wrote in message
news:1nAQg.4632$IL4....@weber.videotron.net...
This varies from state to state and province to province. I'm not sure but I
think up here in Quebec, one could make a citizen arrest and even use
physical force to restrain someone until police arrive to take the matter in
their own hands. You have to declare that you are making a citizen arrest
and be really careful about the "force" you apply though, otherwise you can
end up being the criminal yourself.
Booby trapping or shooting at a trespasser would most likely get you in jail
here and if not, the consequences would be graver than a trespassing
violation for sure.
> One of the posts below said "You don't teach by torturing/hurting/killing
> poeple, you only perpetuate bad behavior." Well - killing them IS a sure
> way to stop THEIR bad behavior!
If we applied this logic to the letter, there would be 1 man left standing
when we're done applying. So it's you vs 6+ billion peeps. Some gamble,
isn't it? Killing a murderer only displaces the problem. The one who kills
him is a killer himself.
:)
In all honesty, the best way to deal with these issues is dialog. Clearly
delimiting your property is a good start, most ATVers will respect that or
at the very least not bother destroying a fence to play on your turf. Of
course there will be the occasional asshat like the one in original post,
but I think such a case has little to do with ATVs or even trespassing. This
guy would have run over a cop trying to arrest him if he though he could get
away with it.
Alex.
There was an incident like that recently in Newfoundland. Someone strung a
wire across a legal ATV trail and nearly killed a person. There is a group
of people that think the trail should not be used for ATVs so I guess this
was a logical solution in their tiny mind.
Remember, in North America, 'your' property is really not your's it belongs
to the Government. Don't believe me? Stop paying your taxes (rent) and see
how long it remains your property.
Or just search for "Gordon Kahl" on google and read till you're heart's
content to find out what the goverment will do if you decide not to pay
your taxes.
Ugh.. don't even get me started on taxes. It's gotten so out of hand,
as has the rest of the goverment. It will be our downfall.
it certainly will.
"sic semper tyrannis"