Who pulls off the main hi way onto aside road for a snack? At least two people.... The one you encountered and myself. :shrug:

 

And he called us the crazy ones.

I'd say your lucky he didn't call the police and have you arrested.

You can't start shooting at people on other people's property just for trespassing, and confronting them with a gun at night is foolish.

http://www.moffatcountysheriff.com/CoStatutes.pdf

3. Notwithstanding the provisions of subsection (1) of this section, a person is
not justified in using physical force if:

(a.) With intent to cause bodily injury or death to another person, he
provokes the use of unlawful physical force by that other person; or
(b.) He is the initial aggressor

 

You can call it foolish, but no way would I have gone out there empty handed.

And there is nothing wrong with questioning why this idiot was trespassing on private, posted property when they were concerned and the property owners are elderly.

Kudos to you Alexz! I'm glad it turned out the way it did!

 

"Then he asked if we were the cop calling kind of people."

That was your cue (and clue). At that point I would have written down the tag number and called the cops. One doesn't FIRE a weapon except in extreme situations. That escalation was not justified (although I'm sure it felt good).

Since it was posted neighbor property and you were in a sense acting as an agent, you did have a valid reason to question. You just let the emotions get too heated and made the potential more dangerous. What if the van driver had a pistol he was hiding in his sandwich bag? By the time the rifle was aimed at him, your S.O. could have been a body count.

 

I would not have even gone out there to question the idiot because I would already know it wasn't the older couple who owned the property. I would have called the Police and let them do the questioning. Nope I'm not at all a coward; just cautious know authorities would be better dealing with the situation.

 

Discharging your firearm was extremely irresponsible and could have gotten you in trouble with the police. He wasn't on your property and wasn't an immediate threat. You chose to put yourself in that dangerous position. Next time just call the police and let them sort it out. Carrying a firearm out with you is one thing, but actually firing it? Not smart, IMO.

 

Discharging your gun into your land...as long as it not illegal to fire safely on your land when the bullet never leaves your land. I noted they shot on their land and in their dirt.

 

You can call it foolish, but no way would I have gone out there empty handed.

And there is nothing wrong with questioning why this idiot was trespassing on private, posted property when they were concerned and the property owners are elderly.

Kudos to you Alexz! I'm glad it turned out the way it did!

Confronting them at all was foolish and to do so with a weapon compounds the error.

The only smart move would have been to call the police and report a suspicious vehicle.

 

Discharging your gun into your land...as long as it not illegal to fire safely on your land when the bullet never leaves your land. I noted they shot on their land and in their dirt.

Discharging a firearm with the intention to intimidate is illegal (and a felony) in CO:

18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

__________________________________________

 

Would it be possible to give the OP a break on this one. He/she certainly is not asking for our opinion on the "deed". He/she is venting about the ability or lack of the ability to protect his/her land from uninvited trespassers. His/her way of dealing with the problem does not have to conform to our ideals or our state laws. Around here I always confront problem people while armed and I know many of you do as well. The issue of a bullet being fired into the dirt is a non issue as far as I can tell.

 

"Yes, yes we are cop calling kind of people. In fact,we already have." Whether I had or not it seems like he was trying to intimidate you, it wouldn't hurt for him to think police were on the way

 

Discharging a firearm with the intention to intimidate is illegal (and a felony) in CO:




__________________________________________

Trespassers intimidate me... it makes me scared .... scared for my life... fortunately in my state laws are on my side... heck governors do the audio warning all crooks , robbers, would be thieves and suspicious persons that home owners and land owner are armed and dangerous. That the owner has the right to protect and defend and not retreat.

 

Would it be possible to give the OP a break on this one. He/she certainly is not asking for our opinion on the "deed". He/she is venting about the ability or lack of the ability to protect his/her land from uninvited trespassers. His/her way of dealing with the problem does not have to conform to our ideals or our state laws. Around here I always confront problem people while armed and I know many of you do as well. The issue of a bullet being fired into the dirt is a non issue as far as I can tell.

I think informing them of the legalities is "giving them a break" so they don't end up in jail next time.

The laws I posted were the OP's state statutes.

 

Trespassers intimidate me... it makes me scared .... scared for my life... fortunately in my state laws are on my side... heck governors do the audio warning all crooks , robbers, would be thieves and suspicious persons that home owners and land owner are armed and dangerous. That the owner has the right to protect and defend and not retreat.

All that rhetoric is meaningless if you leave your house and go outside to confront someone who is not even on your property.

 

Discharging your gun into your land...as long as it not illegal to fire safely on your land when the bullet never leaves your land. I noted they shot on their land and in their dirt.

Maybe........the guy was picking off a rattler and doing the guy in the van a big favor before he accidentally got into trouble exiting his vehicle.......:shrug:

 

The OP is beyond lucky their SO isn't in jail. I hate to say it, but the OP was more in the wrong than the trespasser..

In this situation, I would have called the neighbor, and asked them if hey wanted me to accompany them to question the trespasser on THEIR land...

Now if it was my land, I will confront someone. I will also carry a gun, but NEVER discharge it, unless someone needs to be dead...

Any other discharge is nothing but a problem creator...

 

Trespassers intimidate me... it makes me scared .... scared for my life... fortunately in my state laws are on my side... heck governors do the audio warning all crooks , robbers, would be thieves and suspicious persons that home owners and land owner are armed and dangerous. That the owner has the right to protect and defend and not retreat.

Did you even see the trespasser wasn't on the OP's land? And maybe if you're scared for your life, don't go confront a trespasser on someone ELSE'S land. Easy solution.

 

I think alot of people here are not appreciating the reality of that fact that it was late at night, and dark outside when this trespasser was spotted. Although it may sound extreme, the OP did exactly the right things. I would not approach a strange trespasser in the dark of night without a firearm.

When the trespasser got out of the van, that was a dangerous threat and the warning shot may very well have saved some lives. Guns save lives everyday, not just by shooting down an aggressor, in most cases it is the presence of a firearm that warns off a would be crime.

GOOD JOB :goodjob:

 

I can't agree oldshep.. Firing that shot would have put the OP's SO in jail if the trespasser would have filed a complaint. It could have easily led to the person losing their right to own guns...

Warning shots are not allowed in any state that I know of... Firing a warning shot is being an irresponsible gun owner..

 

Would it be possible to give the OP a break on this one. He/she certainly is not asking for our opinion on the "deed". He/she is venting about the ability or lack of the ability to protect his/her land from uninvited trespassers. His/her way of dealing with the problem does not have to conform to our ideals or our state laws. Around here I always confront problem people while armed and I know many of you do as well. The issue of a bullet being fired into the dirt is a non issue as far as I can tell.

It is not a non-issue. That was an irresponsible use of a firearm and does not help the cause any.

 

An issue I've not seen addressed... How did the OP's SO know the guy was trespassing? How did they know or not if the neighbor had given this person permission to eat their lunch there?

Another reason to mind your own business... or at least pick up he phone first and ask before you go shooting off...

 

How foolish to risk your life, freedom or property by knowingly approach a suspicious vehicle or person. It is also scary how misinformed many gun owners are about their actual rights and responsibilities. It is not like the trespasser surprised him out of nowhere. It is a sign of why we have so much gun violence in this gun toting culture when so many people see absolutely nothing wrong with this situation, and actually defend it.

 

I understand the "vent" and I understand the "concern" for those older folk. What I don't understand is the OP's actions. Apparently the OP's attempt to call those older folk did not actually take place and he then took it upon himself to go out and confront the trespassor...if indeed the party was a trespassor...Being that the older folk were not contacted, how does the OP know?

I'm sorry if so many posts sound harsh; however, I do believe the OP needs to hear from those who think differently so as to be better informed for decisions at a later time. (That situation could have really escalated and the OP killed by that unknown party.) Another thing I'm concerned about is the older couple. Did the OP ever check to see if they were ok?

 

Yes,I did... it was not hidden.. here we watch out for neighbors. Esp the elderly and sick, and young and healthy.

The op.. knowing the neighborhood, express it was late, express knowledge of the rigs, and pattern of life.

Noticed something very odd.

A rig in where it should not be and with people unknown to him who had broken the law by trespassing.

So, protecting the elderly is just not worth it to some ...that's a choice.

My, neighbor ...the gun packing one let's me know who or what they look like when he finds folks on my land... I do the same for home and his wife.

 

Different area of the nation.. where I live open carry is like wearing a hat not shocking or scary at all.. not every one does open carry not all the seem not to are unarmed. Ccw common too.

We have had public service announcement broadcasted as to the proper way to inform that you are carrying or have a gun in your car, etc.

Some my know the fine art of bus stops. Here we know dealing with guns.
Ok... so most don't live with guns having such a high presence...

The person stated he walk near the joint protest line...
Thus he was on his ground. He made known he was prepared and inform the person he was. Now, a person who has tresspased question if the are cop calling folks.. swears etc and leaves..... these are clues to the person having no reason to be there.
I have questioned a man coming down the easement at an odd hour. Even missed lean in the road and got pulled into the ditch.. deep snow. I knew the neighbors were out of town their kids had grown and moved.

I came out with my nasty mean dog an questioned.. I get near ask what the are doing and the strange person called my name and asked if he could use one of my shovels....the eldest had grown and change into a big dude with a beard.

Now, my nasty dogs could be let off cause he new them all bark no bite.
We have meth heads and heroin freaks. We have snowbirds friend and every year they are targets to rip off we do watch over are neighbors..
I have two elderly folks and the email me daily cause another elderly co friend took a fall, lived alone ...family found him near Christmas... happy holidays.