Tresspassing signs on your property?

[TheNewGuy]

Hi all, just looking for an answer to this.
Someone asked me but i was not sure what the answer is, perhaps someone can answer it for me.
Now this applies to if you have posted no tresspassing signs on your property. What if someone did tresspass? Do you have the right to draw and ask questions, shot, etc.... Is this like one of those grey areas?
Or does this fall under the same situation as you only meet force with force, if retreat is not possible.
I guess what i am asking is if there is a sign posted on someone's property and you tresspass do they have the right to shot?

[Pro2A]

In a Castle Doctrine state I would assume so. PA does not have the castle doctrine at all... at least not yet I guess you could ask them to leave and call the police. If they get aggresive then I suppose you could draw. But not if someone just walks up on your land.

[XD45]

IANAL, but I don't believe those signs hold any weight in PA. You would need to call the police and have them tresspassed, then the next time they could be arrested.

Drawing on them without being in fear for your life or the life of others would probably not go to well for you under the current PA laws, and simply being on your property would not be considered a reason to be in fear for your life i'd assume.

[TheNewGuy]

OK i was not 100% sure so i figured I'd ask. That answers my question.

[gnbrotz]

PA does not have the castle doctrine at all... at least not yet

A common misconception, reinforced by HB641 continually being referred to as "Castle Doctrine". Currently in PA, you are not required to retreat in your home or business (ie - your "castle").

HB641, which should be called "Stand your ground" would extend this protection to anywhere you are legally permitted to be. It does nothing as far as making it easier to use deadly force. The existing standards still apply. It would simply remove the duty to retreat before employing it when permitted.

[blendingnoise]

No, no, no, no. Take an NRA defense course when you can.

If trespassing and you don't leave after asked and point a gun or start rushing the land owner then you most likely will get shot. If you are the landowner yourself then you need to spend some money on training or some time reading the law for yourself. It is a bear to read but it is to me important that one read it themselves and not rely on someone else to interpret it. I'm slowly learning and reading myself too.

[jofreder]

I guess what i am asking is if there is a sign posted on someone's property and you tresspass do they have the right to shot?

I can not imagine that you would NOT have a very hard time defending shooting some one just for walking onto your property. I would hope you would not want to do that either. Now if you feel your life is in danger that is another story but you best be ready to prove it. What we may feel is justified is different than what the law may have to say. You will be in deep if it is not a clear case of self defense.

[str8shooter]

Hi all, just looking for an answer to this.
Someone asked me but i was not sure what the answer is, perhaps someone can answer it for me.
Now this applies to if you have posted no tresspassing signs on your property. What if someone did tresspass? Do you have the right to draw and ask questions, shot, etc.... Is this like one of those grey areas?
Or does this fall under the same situation as you only meet force with force, if retreat is not possible.
I guess what i am asking is if there is a sign posted on someone's property and you tresspass do they have the right to shot?

I don't want to hijack the thread, but I'd like to extend the question a bit and add what if the trespasser were also removing your personal property? Say you have a 4 wheeler on the property and you catch them in the act of stealing it? Can you threaten them with a gun? What if you do and they ignore the threat and continue to walk off with your stuff?

[blendingnoise]

Him walking off with your stuff is not any danger to you. Good question cause I am curious about that part.

[Philadelphia]

I don't want to hijack the thread, but I'd like to extend the question a bit and add what if the trespasser were also removing your personal property? Say you have a 4 wheeler on the property and you catch them in the act of stealing it? Can you threaten them with a gun? What if you do and they ignore the threat and continue to walk off with your stuff?

Call the cops and try to get the best description of them you can.

As a general proposition, if you shoot them and can't prove your life was in danger, they will get everything anyway when they sue you after the shoot.

As a good rule of thumb for drawing, if you can't justify shooting them, don't draw on them. I don't think it's really quite that strict but pretty much works.

Pointing a gun at someone without justification is reckless endangerment.