Anyone even thinking of shooting the guy has got to be fried in the brain. Just reading that makes me think your a bigger moron than the trespasser!

As far as holding someone at gunpoint you had better check the laws on that to. If I was lost or whatever and stumbled on to posted land and you held me at gunpoint I would be the one calling the cops!!

I would never just randomly hold someone at gunpoint. The way the guy was acting made me quite nervous. The only time I would hold someone at gunpoint is if the acted hostile and I felt they were a threat to my well being. As for my local laws, Indiana law states the following. And seeing as I was basiclly a sitting duck in the tree if the guy was in some way hostile. I have every right to hold him for the authorities.

Firearms and self-defense. Specifies that a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. Specifies that a person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

I really dont thing that 1/3 of a mile would be considered curtilage. Is this "your" land, or is it your "parents" land?? If it was my land, you would not be hunting on it. And if I was your parent I would rethink allowing you to owna firearm. This is the kind of crap that lead to the two deadly shootings recently in Wisconsin. Maybe it would be a good time to take a break from the woods. I dont think there is a deer in existence that would be worth spending the rest if my life in prison. You go to prison for violent crimes around here, not jail, big difference. Maybe asking some former prisoners how it feels to play the role of girlfriend would diswade you from your Rambo attitude.

According to the original story, the trespasser in no way threatened the bowhunter. Thus, there is no justification whatsoever for any use of force or threat of force against the hunter (such as holding at gunpoint or "bowpoint").

Any folks out there that genuinely would have responded with force or threatened to use force should not be allowed to use weapons, period!

Any folks out there that are just talking big about responding with force or threatening to respond with force need to grow up!

In my mind, those who would use or threaten to use force (genuinely or just talking big on the site) are probably a bigger hazard in the real world that the trespasser!

How is someone discharging a weapon while trespassing not a threat?

According to his local law he would have been justified in using force. The man fired the rifle. He wasn't prancing through the woods petting bunnies and hugging trees.

I wasn't there, so I don't know what I would have done, and I wouldn't presume to say I'd have been flinging arrows at a guy with a rifle, but to tell the man that was there that he wasn't threatened is rediculous.

He confronted the guy and called the authorities. To call him Rambo, and to say he needs to grow up is asinine.

One I wasnt refering to him as Rambo, that was refering in general to all the people who would have shot the man.Two I never told him to grow up.Dwelling, curtilage,oroccupied motor vehicledoes not equal back forty sitting in a tree stand.Just by someone discharging a weapon on your property does not mean they threatened you. If that weapon was discharged AT you, thats a whole nother story. Let me guess, I suppose it would also be justified to shoot said threat in the back as he ran away from the crazy person shooting AT him?? If or whenyou own your own land, look up the laws of your state and speak with your attorney. Then you will find out that only if, and then not always, someone is physically in your house or other structure on your property do you have the right to use deadly force.
P.S. Confronting an armed man in the woods while basically unarmed is asinine, trying to educate someone to the law and prevent them from going to prison fora good portion of their lifewould be considered being a friend around here. To each his own I guess. Thank god I hunt on private land.

Rino, I've never heard of anyone calling marajuana bamboo. If you have had a hard frost in your area, nobody would be looking for there marajuana plants. Marajuana doesn't survive frost, it has no value once frost bitten. I don't know how much frost you've had but if he was growing weed, he'd have to cover it durring every frost and remove the cover every day. Should have been harvested weeks ago, I doubt very much that he was up to growing marajuana.
Curious as to what kind of gun was he carrying? What was he shooting at? Again, no one tresspassing to pick marajuana is going to be shooting up the woods. Wouldn't you want to sneak in, sneak out? I doubt that a poacher is going to take target practic while tresspassing....
Someone mentioned a few people died in WI. over tresspassing conflict. It wasn't a "few". It was 6 people died. The BS macho talk " I'd shoot 'im!"is why 6 people died. I'm glad nothing like that happened, and would have been real nervous having him walk up under my tree with a gun. I wouldn't have even let him know I was there. That could have been a bad mistake if this guy was really a grower, meth lab druggy, or poacher ect.
Since you did confront him, I'm curious as to how he reacted to you calling his "get off my land bluff"? What was his body language? His attitude? I couldn't think of a worse position to be in, stuck in a tree with a bow and a stranger whom I just called a lier, who has a gun that close by. If he didn't want witnesses, you'd be dead.
Next time, keep quiet, keep still, call. Maybe call home first, check out that they didn't give someone permission, have them call the sherriff or call them yourself. Don't confront him, just call and let the sherriff do it. Even if you can't get a call out, when confronted it may save your life having the tresspasser think you called the sherriff. I'd stay put and he would never known I was there. When he got out of sight, then I'd get down. If you can dirrect the sherriff from a safe place, maybe they catch him in the woods or find his vehicle and no one gets hurt. Chances are being confronted with a badge will persuade someone from tresspassing again much better than some sitting duck in a tree stand.
You do not know who is walking around the woods now days. The conflicts that have ended out in deaths in WI. could have been avoided. We have people hunting that do not speak english, come from parts of the world where guns are used for self defense and as a way of life in war torn countries. They are immigrants just like my grandparents were. This is the USA. We don't settle things here with guns, we sue each other. While you're thinking about holding someone at gun point til the law can show up, they're thinking you're going to kill them and they need to kill you first. If you grew up in their home country, that's how you'd think too. That's why 6 people died in WI. Sounds crazy but in some parts of the world kill or be killed is a part of life, you only point a gun when you plan on shooting it. You just don't know what the mind set or back ground of someone wandering around the woods with a firearm now days. Most likely Rino's tresspasser was just someone out squirrel hunting on a beatifull afternoon, maybe revisiting a child hood stomping grounds or something. Some of you would have just shot him? You're giving advise, not writing a TV show. Get real.
If you would have made the call chances would have been pretty good that you'd have answers to all your questions. Hopefully the call you made will come up with something but the sooner you call, the better the chance of them catching him safely. Maybe you can have them track the culprit with a K9 unit? See where he went and find any spent cartidges from where he was shooting? Here's your chance to play detective. lol Good luck.
BTW, from a hunting stand point, I stay hunting. I'm used to hunting public and a noisy hunter is good for business as long as he doesn't give you away. Another reason why not to call him over. The big buck that see's him just might come by you to get around him. If I'm near home, I call home, let them deal with the sherriff and tresspasser and I'm hunting til dark. Just a thought.

Wiranger, you assume FAR too much when you imply I would find shooting anyone in the back as acceptable self defense. That is a personal attack, and completely uncalled for. I never intended to insult you personally. I simply thought your "Rambo" assessment was off base in regard to the land owner. Others in this thread... accurate enough.

Perceived threat, and the specific definition of curtilage are not black and white. Avoiding... yes... AVOIDING deadly conflict in self defense is always preferable to a murder trial. Self defense is just that... a defense to murder, not a get out of jail free card.

I will concede the point that confronting an armed man is not the best course of action. Dialing 911 would have been.

This is not a clear cut case of anything really other than trespass. However, it isn't a stretch to say a reasonable person could feel threatened by a man acting erratically carrying a firearm on land that he is trespassing on. I think under the stress of the situation, the man (land owner) handled himself fairly well. No one was hurt. That is ultimately what matters.



To the OP, I hope the "Wierdo" never returns so you don't have to deal with this again.

I certainly would not have shot him, but dead Crazy/Druggie trespassers can't lie.

Listen to Wack, he knows how to grow some good bud!
As far as calling the police..they wouldn't come out in the woods in my township to confront an armed man. That's just too darn dangerous!