Kamis, 14 September 2017

Instant "curtilage" for generators after the hurricane

I received a couple of emails relative to the hurricane and protecting a generator outside.   As a general rule of thumb -- if you're concerned whether you can display your firearm  if you see someone who might be trying to steal it,  and it is not already inside a fenced area -- perhaps the quick solution is to erect a  temporary fence that attaches to the main dwelling house and surrounds the generator.  It must be at least 3 feet high, but can be as simple as using chain or heavy rope between short posts -- as a temporary fence.  You can even have an opening, although I think it legally smarter that any opening be closed when not attended.  Even if you can step over it -- as long as it is at least 3 feet high -- it's within "curtilage".  That way,  any unlawful entry into the gated area is a "burglary" and a forcible felony, and display of a firearm and a verbal threat should be totally lawful.  On the other hand -- discharge of a firearm must still be "reasonable and necessary", and that usually means you were in fear of imminent death or great bodily harm.

Please read or reread the self defense chapters in the book.  This was just a quick idea if your generator is not already within a fenced area, and you have concerns.  It's certainly not a full discussion of the situation.


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