Defending Property – Sample

Defending your property… Oregon law states you can use deadly force to defend your premises. These uses of deadly force are actually DEFENDING LIFE on your premises. Read 161.225 below carefully. It states that the person in lawful possession of the premises is justified using deadly force only if:

1. The bad guy is committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

2. Committing or attempting to commit a burglary in a dwelling; or

3. Using or about to use unlawful deadly physical force against a person.

4. Or when the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

All of the above are crimes against people, not against property. They would just so happen to occur on your property.

I would never use deadly force to defend your property. Imagine you come home from a weekend away and you open your house door and find someone in your living room holding your TV, all of a sudden they run out the back door with your TV in hand. Well, you’re carrying your handgun on your hip and you start shooting at him or shooting him, you just used deadly force to defend your property. With a scenario like this you will in the very least be paying a lawyer to defend you in court. That lawyer will cost leaps and bounds more than your TV was worth. And frankly you will probably be sent to prison for murder or manslaughter for using deadly force to defend your property.

If you can replace it with Bill Gates’ money, don’t use deadly force to protect it!

161.225

Use of physical force in defense of premises.

(1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

      (2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:

      (a) In defense of a person as provided in ORS 161.219; or

      (b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

      (3) As used in subsection (1) and subsection (2)(a) of this section, “premises” includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, “premises” includes any building. [1971 c.743 §25]

 

161.229

Use of physical force in defense of property.

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]