Defending Private Property With Your Gun? (DON'T Do This)

Published on March 8, 2022
Duration: 10:00

This video, featuring legal expert Tom Grieve, clarifies the nuances of using deadly force against trespassers on private property in Wisconsin. It emphasizes that ignoring 'no trespassing' signs does not automatically constitute a deadly threat, differentiating between 'hostile' and 'deadly' intent. The discussion highlights the limitations of Wisconsin's Castle Doctrine, which primarily applies to occupied dwellings, and advises property owners on de-escalation tactics and legal considerations to avoid escalating situations unnecessarily.

Quick Summary

In Wisconsin, ignoring 'no trespassing' signs does not automatically qualify as a deadly threat. Legal expert Tom Grieve clarifies that 'hostile' intent differs from 'deadly' intent, and Castle Doctrine primarily protects against unlawful entry into dwellings, not general property trespass. Property owners should prioritize de-escalation and information gathering before considering any use of force.

Chapters

  1. 00:00Trespassing and Hostile Intent
  2. 00:14USCCA Gun Giveaway
  3. 00:26Reader's Question on Trespassing
  4. 00:50Hostile vs. Deadly Threat
  5. 01:46Examples of Non-Threatening Trespassers
  6. 02:04Defining a Deadly Threat
  7. 02:28Context-Driven Threats
  8. 03:02Brandishing and Verbal Threats
  9. 03:10Castle Doctrine Limitations
  10. 04:06Rebuttable Presumption
  11. 04:27Castle Doctrine's Purpose
  12. 04:50What You Can Do
  13. 05:33Intent of the Trespasser
  14. 06:31Gathering Information
  15. 07:07De-escalation and Retreat
  16. 07:40Avoiding Escalation
  17. 08:07Setting Down Items
  18. 08:25Physical Barriers as Deterrents
  19. 08:59Jury Perception
  20. 09:13Concluding Remarks and Giveaway Reminder

Frequently Asked Questions

Does ignoring 'no trespassing' signs automatically make someone a deadly threat in Wisconsin?

No, in Wisconsin, ignoring 'no trespassing' signs does not automatically constitute a deadly threat. Legal expert Tom Grieve explains that 'hostile' intent is different from 'deadly' intent, and more than just walking up a driveway is required to justify deadly force.

How does Wisconsin's Castle Doctrine apply to property defense?

Wisconsin's Castle Doctrine primarily applies when someone unlawfully enters your home, vehicle, or place of business. It does not grant a license to shoot trespassers on general property, though it can create a rebuttable presumption of a deadly threat in specific circumstances.

What actions should a property owner take when encountering a trespasser?

It's advisable to verbally challenge the trespasser from a safe distance to gather information. Avoid producing a firearm unless facing an imminent deadly threat. If the situation escalates, retreat to safety and call 9-1-1.

Can I use my firearm to remove someone from my long driveway if they ignore signs?

You should avoid using your firearm solely to remove a trespasser from a driveway. Focus on de-escalation, gathering information, and retreating if necessary. Producing a firearm should be reserved for situations where you face an imminent deadly threat.

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