Defensive Carry banner

1 - 20 of 61 Posts

·
Registered
Joined
·
1,513 Posts
Discussion Starter #1
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.
 

·
Registered
Joined
·
2,753 Posts
Maybe he can get a maintenance badge from the same place that makes the CCW badges . . .
 

·
Registered
Joined
·
4,465 Posts
It could have been a home invasion.

You did right to pull your pistol and check it out.
 

·
Registered
Joined
·
431 Posts
I would have done the same thing in your position.
 

·
Registered
Joined
·
11,153 Posts
Good SA all around.
 

·
Premium Member
Joined
·
13,164 Posts
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.
 

·
Registered
Joined
·
1,513 Posts
Discussion Starter #7
door was locked. IMO, that constitutes B&E. If you're familiar with bump keys...a key does not mean the person is honest.
 

·
Premium Member
Joined
·
7,465 Posts
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.
 

·
Registered
Joined
·
5,244 Posts
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.
 

·
Registered
Joined
·
1,231 Posts
You did good, no one was hurt, and you kept yourself safe.
 

·
Premium Member
Joined
·
13,164 Posts
Look at your lease

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.
 

·
Banned
Joined
·
4,084 Posts
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.
 

·
Registered
Joined
·
1,644 Posts
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.
 

·
Registered
Joined
·
188 Posts
I think you showed unbelievable restraint in not being more forceful in your response to having someone just walk into your residence.
 

·
Registered
Joined
·
241 Posts
Even my friends knock before they come into my house. I would think maintenance people would be told to do so also.
 

·
Registered
Joined
·
24 Posts
Good decision to draw but refrain from shooting.

My husband works nights and sleeps during day, so I often adjust my sleep schedule so I can sleep at least most of the morning with him.
We were both dead asleep around lunchtime today and I heard someone knocking loudly on the apartment door across from us. He knocked in two-knock bursts while shouting "Maintenance!" at least five distinct times, pausing a few seconds between each time before I finally heard him use his key and enter the apartment. I then heard him shout "Maintenance!" three more times as he moved through the apartment, just to ensure if anyone was home they knew he was there.

Two things crossed my mind: Smart guy. He was making sure if anyone was inside they knew damn well that he was there.
But also: My husband slept through all of this. The walls of our complex aren't what I would call thin, but I'm a heavy sleeper and it woke me up the first time I heard the knock/yell. It crossed my mind that my husband could potentially sleep through all of that, be shocked if he woke up after all the "Maintenance" calls and found a strange man in the apartment. I know he'd come out with either the shotgun or his revolver.
Luckily, neither us nor the maintenance people need to worry about this since we're moving into a duplex owned by our in-laws who know we have guns and will always call before coming over. :)

Anyway, good SA and I would have done the same thing. Glad you didn't fire, though - that would have been quite unfortunate, though not unjustified.
 

·
Registered
Joined
·
2,034 Posts
I would say you were justified in your actions.... and nobody was hurt which is the ideal scenario!
 

·
Registered
Joined
·
388 Posts
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.
might be unlawfully, without a knock.Texas Residential Landlord-Tenant Law - Landlord Tenant but then I am no lawyer. I did not read anything in the OP that mentioned emergency, or considered such by the person with whom the OP conversed by phone.
 

·
Registered
Joined
·
245 Posts
I don't know what else to say other than than the maintenance guy was stupid beyond words, and you did well, making the right judgment in a tight situation, both for his sake and yours.

Just a thought, but you might want let management know that they should remind employees to knock and announce themselves.
 
1 - 20 of 61 Posts
Top