Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2011
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    next to a field, Minnesota
    (Butler County)
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    Default Is this harassment?

    I shoot my gun legally where I live. Its been demonstrated that its legal since I shook a state troopers hand after they were called for me shooting my gun. I told them I was shooting a gun, and they said I was good to go basically. I only have to be 150 yards from buildings I dont own.

    I know who the person is that called them. My wife verified it today because he opened his mouth about doing it within earshot of her. I guess he didnt recognize her.

    If he calls again about me shooting, is that harassment? When does his constant nuisance become harassment, if at all?

    I ask because I know he's going to do it again. Its a long story, but he dont like me.

    **It all ties in to this thread I made in case anyone needs some more reading http://forum.pafoa.org/general-2/142...-my-house.html
    Last edited by MicroMonkey; August 3rd, 2011 at 08:01 PM.

  2. #2
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
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    Default Re: Is this harassment?

    Let him call the police, eventually they'll get tired of hearing from him and make a mental note that he's just a nutjob and not bother listening to him anymore.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  3. #3
    Join Date
    Feb 2011
    Location
    Primos, Pennsylvania
    (Delaware County)
    Age
    51
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    4,861
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    Default Re: Is this harassment?

    Quote Originally Posted by streaker69 View Post
    Let him call the police, eventually they'll get tired of hearing from him and make a mental note that he's just a nutjob and not bother listening to him anymore.
    Like the dumbass who cried wolf.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

  4. #4
    Join Date
    Dec 2008
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
    Age
    53
    Posts
    566
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    100672

    Default Re: Is this harassment?

    I have trouble with a neighbor, who I am feuding with, who have used the government to harass me.
    The calls your neighbors have made in the past can not be considered harassment, but send a cese and deisist letter something like the following...
    To Whom it May Concern:

    This letter is intended as formal written notice to cease and desist harassment, trespassing, and property damage by the tenants renting the property located at XXXXXX. Any further harassment, trespassing or property damage will result in legal action in form of criminal charges and/or civil suit against tenants/residents and property owner of XXXXXX.

    Trespassing is legally defined as "An unlawful intrusion that interferes with one's person or property." Tenants/residents at XXXXXXare hereby warned that they are not permitted to drive, walk, throw items or trash, or allow their dog to cross the marked property boundary for any reason. Should said tenants/residents continue this abuse of the law, trespassing charges will be filed with local authorities.

    Property Damage is legally defined as "damage to or the destruction of public or private property, caused by a person who is not its owner either by neglect or malicious intent". Tenants/residents at XXXXX are hereby ordered to cease and desist intentional and negligent damage to items located on our property, specifically running over/hitting items with their cars, tampering with, touching or moving any item belonging to the owners of or located at XXXXXXX. This property includes, but is not limited to; Pets, trash cans, tools and buckets, landscaping materials such as boulders and stones, automobiles, motorcycles, lumber, and organic matter.

    Harassment is defined as, "behavior intended to disturb or upset, or is found threatening or disturbing." Tenants/residents renting/owners of the property located at XXXXXXX are hereby ordered to cease and desist harassment of the owners and guests of the property located at XXXXXXX in the form of false reports of animal abuse, noise, and permit violations. All reports filed by tenants/residents of XXXXXX have been proven false and legally documented as such. Police/appropriate agency has been notified of this harassment and will no longer entertain reports from XXXXXX concerning XXXXXXXX. Other forms of harassment that will not be tolerated include but are not limited to: Any and all verbal contact, particularly abusive language and threats of criminal acts of violence from the tenants/residents of the property located at XXXXXXX. Tenants/residents of XXXXXX are not to telephone or approach the owners or guests of XXXXXXXX for any reason, and are no longer welcome on our side of the property line for any reason or for any length of time.

    Copies of this letter are being sent by certified mail to the owner of XXXXXXand the tenants of XXXXXX and a copy is being held by our attorney in the event that further legal action is necessary to ensure protection of our persons and property from this ongoing abuse. It is our hope that the tenants/residents of XXXXXXX will choose to behave within the confines of the law and discontinue abusive actions to ensure that residents of both properties can have mutual but separate enjoyment of their homes and properties.

    This Cease and Desist letter is being sent as a direct result of the owner XXXXX failure to demand that tenants/residents of her property conduct themselves in a legal, civilized and respectful manner. Repeated requests of the owner to control her tenants have been ignored, and all attempts we've made to be friendly, helpful and neighborly to these rental tenants spurned. For this reason we reserve the right to seek legal action against the owner as well as the tenants of XXXXXXXX if this illegal activity continues to be condoned by the owner.

    Respectfully,
    Your name here
    ... and future calls will be considered criminal harassment by the responding officers.
    Edit as required for your situation, and send to the owners and tenants of the house certified mail.
    When the cops are called again, show them the reciept for the certified mail and a copy of the letter to them.
    They will have no choice but to inform the people to never call again about your shooting, or face charges.
    Worked like a charm for us

  5. #5
    Join Date
    Jul 2008
    Location
    Dallas, Pennsylvania
    (Luzerne County)
    Age
    45
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    Default Re: Is this harassment?

    18 Pa.C.S. § 2709

    • Title 18 Pa.C.S. Crimes and Offenses
      • Part II. Definition of Specific Offenses
        • Article B. Offenses Involving Danger to the Person
          • Chapter 27. Assault
            • § 2709. Harassment


    (a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
    (1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
    (2) follows the other person in or about a public place or places;
    (3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
    (4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
    (5) communicates repeatedly in an anonymous manner;
    (6) communicates repeatedly at extremely inconvenient hours; or
    (7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
    (b) Deleted by 2002, Dec. 9, P.L. 1759, No. 218, § 1, effective in 60 days.
    (b.1) Venue.--
    (1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.
    (2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.
    (c) Grading.--
    (1) An offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.
    (2)
    (i) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a misdemeanor of the third degree.
    (ii) Deleted.
    (d) False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).
    (e) Application of section.--This section shall not apply to conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), [43 P.S. § 206a et seq.] known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.
    (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    “Communicates.” Conveys a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.
    “Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

  6. #6
    Join Date
    Dec 2008
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
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    Default Re: Is this harassment?

    Totally correct in the citation.
    The cease and desist is required to gain remedy though because it is generally considered a requirement that you state, in a maner the person harassing you would reasonably know, that they are harassing you.
    You also should state exactly what you consider harassment.
    If you consider it harassment, and you can prove that you communicated your considerations to the person harassing you, they are in fact harassing you if the behavior continues.

  7. #7
    Join Date
    Mar 2011
    Location
    mechanicsburg, Pennsylvania
    (Cumberland County)
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    Wink Re: Is this harassment?

    how about a good old fashioned shooting party at your house. invite your friends their guns and lots of ammo. 2 or three hours of total shooting with as many mad minute shoots as you can squeeze in might send him notice. by the way my mac and i are ready.

  8. #8
    Join Date
    Mar 2011
    Location
    next to a field, Minnesota
    (Butler County)
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    Default Re: Is this harassment?

    well, I THINK he told the police I was shooting towards houses, so as that law reads, he gave false info right?

    Another piece of info for you would be, this is a shitty motel that is behind my house. The scumbag in question is a live-in groundskeeper (whatever you want to call a freeloader who cuts grass and fixes toilets)

    Its not the owners of the motel, its only this one scumbag with a god complex.

    I say God Complex, because I approached him about a situation from someone else in that place, and he took it upon himself to be the leader of motel dwellers...........which blew me away, but nonetheless. He is the one that called the police, and I dont think he is going to stop.

    Thanks for all the advice, and keep it comming. That "form letter" is looking very nice, because im sure the motel owners dont want any problems. they have always been nice to me, so if they have a radical tenant/dumbass, im sure they would send him on his way, which would be a great thing, since hes a dumbass

  9. #9
    Join Date
    Dec 2008
    Location
    Lancaster, Pennsylvania
    (Lancaster County)
    Age
    53
    Posts
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    100672

    Default Re: Is this harassment?

    Quote Originally Posted by MicroMonkey View Post
    That "form letter" is looking very nice, because im sure the motel owners dont want any problems.
    That's not a form letter.
    It is a letter my wife wrote for me to send to the neighbors and owner of the house next door.
    I have just removed the personal identifying information

  10. #10
    Join Date
    Nov 2009
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    600
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    3782723

    Default Re: Is this harassment?

    For what it is worth, and I am not a lawyer, but I don't think this would be considered harassment. He is not saying or doing anything to you. He can continue to call the police and they might consider it harassment if they tell him to stop calling and he continues to do so.

    From what you say you are pretty much in the clear. The Police came, they investigated and they didn't find any criminal or wrongful activity.

    You might have a civil problem if he sues you for noise or diminished value if the guests of the hotel complain.

    Can't we all just get along...???

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