House Sitting and Armed Confrontation?

House Sitting and Armed Confrontation?

This is a discussion on House Sitting and Armed Confrontation? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So, I am house-sitting (visiting to check on it, not staying overnight), and got distracted by the Warrior Code thread, so I didn't stop by ...

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Thread: House Sitting and Armed Confrontation?

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    VIP Member Array Badey's Avatar
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    House Sitting and Armed Confrontation?

    So, I am house-sitting (visiting to check on it, not staying overnight), and got distracted by the Warrior Code thread, so I didn't stop by the house I am tending to until after dark. I got to thinking, suppose I got into a confrontation with a BG. I don't think Castle Doctrine in my state covers me on other peoples' property.

    Am I right to assume that the would handle it differently than if I were in a confrontation at my own house?
    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine


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    Senior Member Array marcclarke's Avatar
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    If it isn't your house, you have to handle the confrontation just as you would anywhere outside your own house.

    Let me expand that a bit. In every state I know of, you have to be the owner of the house or the renter of the property (depending on the specific state). I am not aware of any state in which your being an invited house sitter somehow grants you the rights of the actual home owner.

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    Member Array Keith44's Avatar
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    If you were staying at the house, maybe the castle might apply, as it is your temporary residence. Since you are only stopping in now and then, I do not think it would apply. Now if you were attacked directly, that changes things a little. If you are cornered and in imminent danger of being killed... otherwise, a challenge and the threat of the police being on the way are your safest bet

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    Senior Member Array TxTchRR's Avatar
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    Quote Originally Posted by marcclarke View Post
    If it isn't your house, you have to handle the confrontation just as you would anywhere outside your own house.

    Let me expand that a bit. In every state I know of, you have to be the owner of the house or the renter of the property (depending on the specific state). I am not aware of any state in which your being an invited house sitter somehow grants you the rights of the actual home owner.
    I'm on Tapatalk so I can't see where the OP is from, but I'm thinking that in Texas, the Castle law would extend to his circumstances. As I understand it, it applies to any "residence" (including RVs and campers) that the person has reasonable belief to consider themselves in control of.

    Edit: just saw that he said he wasn't actually living at the house, but rather dropping in from time to time. That probably changes everything.

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    Quote Originally Posted by TxTchRR View Post
    I'm on Tapatalk so I can't see where the OP is from, but I'm thinking that in Texas, the Castle law would extend to his circumstances. As I understand it, it applies to any "residence" (including RVs and campers) that the person has reasonable belief to consider themselves in control of.

    Edit: just saw that he said he wasn't actually living at the house, but rather dropping in from time to time. That probably changes everything.

    Sent from my Nexus 7 using Tapatalk HD
    I think I agree, that changes everything. Next time send the dogs in first.
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    Outside your own home is a legal gray area regardless of laws. Even if fully justified would you really want to shot someone and face the financial and legal aftermath to protect someone else's house when they are not even home. Stop even thinking of these things. It should not even be a consideration. See someone call 911 and get out of there. Simple as that and you get to go back to your normal life without the threat of prison hanging over you and emptying you bank account to pay for legal assistance. In any case, unless you know everyone that the home owner knows, you could be shooting a friend or relative of theirs who thinks you are the bad guy. Heck, I am even on the fence when it comes to shooting to defend my wife. Depends if she was bitchy that day. :)
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    VIP Member Array Ghost1958's Avatar
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    Quote Originally Posted by marcclarke View Post
    If it isn't your house, you have to handle the confrontation just as you would anywhere outside your own house.

    Let me expand that a bit. In every state I know of, you have to be the owner of the house or the renter of the property (depending on the specific state). I am not aware of any state in which your being an invited house sitter somehow grants you the rights of the actual home owner.

    Ky. Castle and stand your ground applies any place you have a legal right to be. As invited and asked by the home owner you have a legal right to be there where as the BG is trespassing.

    Here and in a lot of other states I would think with similar laws you can also act with lethal force to prevent an arson or other such felony if you would have been legal to do for your own property. Im not encouraging anyone to do that.
    Simply stating my states laws. In addition if you have stand your ground laws in your state and are legally on that property,,, well a threat to your life is a threat to your life and SD laws apply.
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    Member Array latentcarry's Avatar
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    In any circumstance retreat and call 911 is the best way to handle any situation, if you are confronted and faced with physical harm: defend yourself is the only way to handle the situation.
    In most situations where you are forced to use your weapon to defend your life it matters little what the law says; you stay alive and sort things out later having used common sense and common decency. If you fire a weapon in a self defense situation your life will change forever and you will most likely be second guessing the issue for a very long time. Just do your best and things will come out the best they will, that's all you can expect.
    dls likes this.

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    Member Array ItalianSteel's Avatar
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    I do not know your state laws but I will share my input. NC has a Castle Doctrine (quite a nice one now) and it would apply in your circumstance.

    Same as if you check into a hotel for a night or two, it does become your temporary residence. In that case, you are not forced to retreat and may defend as you would your own home (if your state has a Castle Doctrine). Funny enough, your situation came up in our CCW class and the instructor (a police sergeant) explained it exactly this way.

    Again, this temporary residence bit is not strictly NC law, I am fairly sure it applies everywhere. So for 'housesitting', if you are staying the night, it definitely counts as your temporary residence for all intents purposes.

    Obviously you're not looking for a conflict but if one did come to your door, don't be afraid to use it if you have to.

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    I think you're looking at it all wrong. If you're in a situation where you believe you are in immediate and otherwise unavoidable threat of death or being crippled, you shoot the guy.

    If you're worried about whether "castle doctrine" is going to apply in your circumstance, then you're likely not in a situation which requires shooting the person.

    If you have a clean shoot, then you're likely going to be okay whether castle doctrine applies or not. If you're depending on castle doctrine to clear a questionable shooting, you're likely in a bad way whether you were in your own house or not.
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    Member Array ItalianSteel's Avatar
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    Well, some states (unfortunately) lack a Castle Doctrine, so you cannot use deadly force unless presented with a threat. Here in NC, them (BG) simply entering or having entered your residence is enough to justify it.

    My rule would be... retreat one room, if they even so much turn your way and walk a step, bang.

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    ...you owe it to your freedom to KNOW...assuming could make for an empty place at the table and less food on it...

    ...every one of us would be profited if we would keep a small handful of printed material to refer to often, such as:

    ...concealed handgun laws of our state
    ...use of deadly force laws of our state
    ...dangerous animal control laws of our state
    ...other laws pertinent to home protection like our version of the Castle Doctrine, if we have one...
    ...our state's penal code...at least the weapons section

    ...I've seen over a hundred questions on forums like yours...and answered dozens of them, but when it's your butt on the line if you make a legal mistake...it's well worth your doing your own homework and telling US what the law says...in case we come visit your state...you can play ask-a-cop, you can ask us, but we aren't going to be there when you explain to the guy in the high chair why you did what you did...

    ...if you need help finding your state's laws...come back at us and I'm sure someone will help you dig...

    ...the above offered in the spirit of keeping free Americans free...
    Quote Originally Posted by Badey View Post
    So, I am house-sitting (visiting to check on it, not staying overnight), and got distracted by the Warrior Code thread, so I didn't stop by the house I am tending to until after dark. I got to thinking, suppose I got into a confrontation with a BG. I don't think Castle Doctrine in my state covers me on other peoples' property.

    Am I right to assume that the would handle it differently than if I were in a confrontation at my own house?
    dls and First Sgt like this.

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    VIP Member Array Snub44's Avatar
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    ...Texas is one...
    Quote Originally Posted by marcclarke View Post
    If it isn't your house, you have to handle the confrontation just as you would anywhere outside your own house.

    Let me expand that a bit. In every state I know of, you have to be the owner of the house or the renter of the property (depending on the specific state). I am not aware of any state in which your being an invited house sitter somehow grants you the rights of the actual home owner.

  14. #14
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    Quote Originally Posted by ItalianSteel View Post
    Well, some states (unfortunately) lack a Castle Doctrine, so you cannot use deadly force unless presented with a threat. Here in NC, them (BG) simply entering or having entered your residence is enough to justify it.

    My rule would be... retreat one room, if they even so much turn your way and walk a step, bang.
    I can tell you, even in "castle doctrine" states, people have been charged with bad shootings inside the house, regardless of castle doctrine. If the circumstances are so obviously egregious that there was no way to articulate an actual threat, people have been charged.

    There have been at least two cases I remember reading about in the past 12 - 18 months.
    -Bark'n
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    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by Bark'n View Post
    I can tell you, even in "castle doctrine" states, people have been charged with bad shootings inside the house, regardless of castle doctrine. If the circumstances are so obviously egregious that there was no way to articulate an actual threat, people have been charged.

    There have been at least two cases I remember reading about in the past 12 - 18 months.
    Mind sharing? I'd like to read about those, see what the circumstances were.
    "Be polite, be professional, but have a plan to kill everyone you meet."
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