djkest wrote:That's a gross exageration of castle doctrine or "make my day" laws.
No, it's not.
If a teenager, sneaking into a neighbor's backyard to skinnydip in the pool, acting furtive because he's sneaking to skinnydip
, surprises the property owner who cannot identify him (because it's dark), he can then legally be shot under those laws if the landowner contends he was fearful for this life. Not only does he have the right to do so but in some states he cannot even be prosecuted for doing it because the law makes the landowner immune from criminal prosecution. Instead of backing off and calling the police he can shoot first and ask questions later. Bottom line, scare someone on their property, and they can shoot your ass and be immune from any criminal liability.
It's a great law. Deuce has been watchin the news...
As to your question about "what if it were my pool", and they made a mess? You're right. They might have pissed in the pool. Shoot them.
On the flipsaid, said trespasser drowns in your pool, his family could hold you liable for that (this has happened before).
And since this discussion is trending "off route", I think it's important to get back on track. What kind of fines/fees do these mining claims cost to maintain? They don't necessarily own the land, they have sole posession of the right to the minerals on the land, right? Does mining law also that that tresspassing is forbidden for *any* reason?