Maintenance man almost got himself killed

This is a discussion on Maintenance man almost got himself killed within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; To preface this, Texas has castle law, and if someone I don't know is in my home uninvited and unannounced, there's a 99.9% chance that ...

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Thread: Maintenance man almost got himself killed

  1. #1
    Distinguished Member Array C9H13NO3's Avatar
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    Maintenance man almost got himself killed

    To preface this, Texas has castle law, and if someone I don't know is in my home uninvited and unannounced, there's a 99.9% chance that they will be shot before questions are asked.

    I'm sitting on the couch watching TV, and my door opens. I always keep it locked, but I've picked locks before and it takes all of 30 seconds to pick a home deadbolt. I don't trust anyone. There was no knock at the door or anything. It just opens, and I see a man's hand on the knob. I draw my gun, which is on my hip, and the man crosses the threshold. He's a Mexican in grey sweats and a beanie. I looked at his hands, which were empty, so I held off on pulling the trigger, and he says "Maintenance". I paused, told him not to move, saw he had a key, but the no tools part kind of made me confused, and I'm not going to trust his word. He has no uniform, badge, or anything else identifying him as a maintenance man. I call the apartment complex and ask if they sent anyone over, since I had nothing scheduled. They said they had sent him over to check on something with the air conditioners and apologized for his entering without knocking or announcing himself. I explained that it had almost cost him his life, and recommended they also get badges or uniforms for their maintainers, as well as give the tenants a courtesy call.

    I'm glad I didn't pull the trigger, as he was innocent, but I'm also glad that I was aware, had my gun on my hip (even though I was at home), and had it drawn before he could even get in. By the look on the man's face, I'm pretty sure he had learned his lesson. He didn't speak much English, but I explained to him that he needs to be more careful.
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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  3. #2
    VIP Member Array rodc13's Avatar
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    Maybe he can get a maintenance badge from the same place that makes the CCW badges . . .
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

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    VIP Member Array searcher 45's Avatar
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    It could have been a home invasion.

    You did right to pull your pistol and check it out.
    NOT LIVING IN FEAR, JUST READY!!!
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    nor the arrow for its swiftness,
    nor the warrior for his glory.
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    Member Array ScubaDuba's Avatar
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    I would have done the same thing in your position.
    Healthy children will not fear life, if their parents have integrity enough not to fear death.
    -TIME DEUM ET OPERARE IUSTITIAM--

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    VIP Member Array Harryball's Avatar
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    Good SA all around.
    Don"t let stupid be your skill set....

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    This is why the phrase "unlawfully and with force" is in the law.

    Too many people think they have a blank check to shoot first and ask questions later.

    At least you didn't.

  8. #7
    Distinguished Member Array C9H13NO3's Avatar
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    door was locked. IMO, that constitutes B&E. If you're familiar with bump keys...a key does not mean the person is honest.
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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    You done good C9H13N03. As a property manager, on the dreaded occasion that I must enter a residence, I always arrange to have the occupant meet me at the door. Even though I legally could, to simply let myself in is logically B&E. Only a suicidal moron would attempt something like that.

    For evictions, I'm accompanied by a deputy. There's just no excuse for a property owner to be letting themselves into your residence. This one still seems a little suspicious to me.
    __________________________________
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    VIP Member Array goldshellback's Avatar
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    I'd have done the same thing I imagine.

    I don't know you and your uninvited, entering my home.......it may end up bad.

    You did good.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

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    Distinguished Member Array TerriLi's Avatar
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    You did good, no one was hurt, and you kept yourself safe.
    I know not what this "overkill" means.

    Honing the knives, Cleaning the longguns, Stocking up ammo.

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    Look at your lease

    Quote Originally Posted by C9H13NO3 View Post
    door was locked. IMO, that constitutes B&E. If you're familiar with bump keys...a key does not mean the person is honest.
    Look at your lease. Again, the requirement is "unlawfully and with force."

    If your lease give your landlord the right to enter to do maintenance during regular work hours, the guy might have been unwise to not knock and might have been unwise to not make some sort of pre-arrangement, but the entry wasn't "unlawfully." It clearly wasn't with force either as it was with the key provided by the owner of the building for just such a purpose.

    I realize you were startled and momentarily frightened. But being frightened doesn't meet the letter of the law.

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    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by C9H13NO3 View Post
    To preface this, Texas has castle law, and if someone I don't know is in my home uninvited and unannounced, there's a 99.9% chance that they will be shot before questions are asked.
    Living in an apt, IMO this is an especially irresponsible and fearful attitude. As you said...you are prepared and trained.

    You live in close quarters with alot of other people and people come and go. Do drunks, deaf people, kids deserve to be shot if they make mistakes? Is it better to ID your intruder first, or risk missing them and having a round go thru a wall and kill someone else?

    I'm hoping that your statement was more bravado than reality. Truth be told....your own incident proved it unwise.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    Senior Member Array jhh3rd's Avatar
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    Quote Originally Posted by rodc13 View Post
    Maybe he can get a maintenance badge from the same place that makes the CCW badges . . .
    Now that was funny!!!

  15. #14
    Distinguished Member Array nutz4utwo's Avatar
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    Glad it was a non incident. Lucky for him, he was in that .1%!

    He must be new in the rental business. The first lesson one should learn is to call the tenant in advance, knock loudly, wait, and repeat several times before entering. As you enter, stomp your feel and yell, "maintenance, landlord, real-estate agent" or whatever. It is also typical to tape a notice to the door 24 hours before they plan to enter.

    Hopyard is correct. Read through your lease, staff may be permitted to enter your domicile to perform inspections and maintenance at reasonable hours. Most leases require notice (like 24 hours), some have the notice built into the lease when you first sign it. Additionally, all leases are written so the landlord can perform emergency maintenance without notice. If your toilet overflows and water drips in the ceiling below your apartment, they can send someone in to fix it asap and without asking.

    I am unsure how a maintenance person entering under the terms of your lease would be treated in a castle/deadly force situation. It is an interesting legal question.

    I always try to make friends with the building and maintenance staff. It comes in really handy sometimes.
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  16. #15
    Member Array BAGMAN's Avatar
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    I think you showed unbelievable restraint in not being more forceful in your response to having someone just walk into your residence.
    "Leave the gun. Take the cannoli" Clemenza

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