KS Gun Laws

[Smittyks]

State if Kansas . A car being repossessed on private property. The tow truck driver gets bit by the property owners dog then threatens the dog with a gun. The property owner gets a gun a points it gesturerly to tell the tresspassers to get off the property. Was there a crime committed?

 

[Zigner]

State if Kansas . A car being repossessed on private property. The tow truck driver gets bit by the property owners dog then threatens the dog with a gun. The property owner gets a gun a points it gesturerly to tell the tresspassers to get off the property. Was there a crime committed?

While the tow truck driver may have had reason to draw a weapon, the property owner had no right to brandish a weapon.

 

[Smittyks]

While the tow truck driver may have had reason to draw a weapon, the property owner had no right to brandish a weapon.

Tresspassing...and threatening to shoot the family dog. Is not reason enough?

 

[Zigner]

Tresspassing...and threatening to shoot the family dog. Is not reason enough?

Where was the car parked?

 

[FlyingRon]

Tresspassing...and threatening to shoot the family dog. Is not reason enough?

Nope, it is not in Kansas.

You can't "assault" a dog by pointing a gun at it. Whether this was unlawful trespass depends on information not provided. Where was the car and the repo man when this is happening?

Kansas's castle doctrine is limited to people entering your home. There's no general provision that says you can commit assault otherwise even if the other person was in an unlawful act.

 

[Zigner]

Depending on where the car was parked, it's quite possible that no trespassing even occurred.

 

[PayrollHRGuy]

Below is the Kansas law on deadly force and self-defense. I've bolded the important part. Please note that it says person, not a dog or property.

Article 52. - PRINCIPLES OF CRIMINAL LIABILITY

21-5222. Same; defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

 

[quincy]

Smittyks, are you the property owner or the tow truck driver?

 

[Zigner]

Smittyks, are you the property owner or the tow truck driver?

2-1 that he's the guy who lost the car.

 

[quincy]

2-1 that he's the guy who lost the car.

And 2-1 he needs an attorney.

 

[Smittyks]

Nope, it is not in Kansas.

You can't "assault" a dog by pointing a gun at it. Whether this was unlawful trespass depends on information not provided. Where was the car and the repo man when this is happening?

Kansas's castle doctrine is limited to people entering your home. There's no general provision that says you can commit assault otherwise even if the other person was in an unlawful act.

The car was parked underneath the car port in front of the front door

 

[quincy]

The car was parked underneath the car port in front of the front door

Who are you in this? The repo man or the homeowner?

 

[Smittyks]

Who are you in this? The repo man or the homeowner?

The neighbor saw the whole thing

 

[Smittyks]

The neighbor saw the whole thing

I'm the neighbor*

 

[Smittyks]

The car was parked underneath the car port in front of the front door

So brandishing a gun is assault?