FYI - I've ridden Hal's place plenty of times in the last few years with never a problem from the local populace. Thats all changed. I met a guy named Dennis today that cordially, yet forcefully told me to pass the word that the roads up there are now off limits. He is building two homes up there and will no longer tolerate trespassers. He gave me the 411 on the owners around there and the "salt law". The salt law involves a .410 shotgun and rock salt. So be warned that he will "season" you if you ride up there. All roads are now posted "Private Property, No trespassing".
Cool, thanks for the heads up. You have a cool head. I tend to overreact quite severely to threats of violence. Better you had that conversation with him than me.
where is hals place? just above eagle rock? I know the 23+ acres are for sale up there and that would be a great bike park..
He still cant legally fire on you if I remember correct in CA, salt rock or not. Not to mention he is also opening himself up to a lawsuit too.
If it's a simple trespass (ie. no threat of bodily injury), you are correct that he cannot fire on you with rock salt, BB guns, or even paintball guns. However, the use of rock salt probably would not rise the level of attempted murder. It would at least be a battery, if not aggravated battery (depending on the circumstances).
When I was a kid I was with my foster brothers and we were stealing watermelons from a farmer next to our ranch ( we did this on a regular basis). He knew it had been happening for a while and was waiting for us. He got me that night with rock salt and it tore right through a brand new pair of Levi's and penetrated the skin. Let me tell you, it stung for days even after sitting in a bathtub of water for hours. I hid the pants so I wouldn't get into trouble. A year or so later I got kicked out of there for some other stuff. One of my foster brothers ended up getting shot with the rock salt. The farmer, who was really just protecting his property was arrested and spent over a year in jail and almost went to prison. I was pulled into court to testify that I'd been shot before. So I believe if this guy shoots somebody even with rock salt, he better have a good attorney.
If it is outdoors (not inside his home), unarmed, and you are not facing the shooter directly he will be spending time behind bars and signing checks with lots of zeros at the end if he shoots at anyone. However, why risk getting an azz full of shot, salt or otherwise? Not to mention the checks you would be writing with extra zeros to get yourself undone for trespassing.
I'm pretty sure its illegal to use a firearm in a threatening way, it might not kill you but it'd cause actual bodily harm and he'd be in a world of trouble, like someone else said, not sure I would have reacted quite so well to somone who clearly had watched too many Tarrantino movies making such a threat to me. Shame about losing this piece of trail. My advice to him is to get a proper gate and an official sign on all four routes that lead up there and of course not to make such threats.
Bummer, that's on my list of rides to do and haven't done it yet. As far as the shotgunning goes, even blanks can kill. Ask a few dead movie stars about that. Threatening and shooting would involve multiple felonies.
Pretty sure if the road goes through his property, not just onto it, and it has been in public use for some time he can't prevent folks from using it. Is Hals place public property? access must be allowed.
I have always been under the impression that the road off Live Oak Road up and then over to road by the steak house was a county road. The trail that runs over to the pool is private as well as the area with cattle. Worth checking out and I agree that before he starts blasing people he needs a real gate with real signage.
The guy who threatened me with rock salt when I was a kid, suffered a much worse penalty than jail. My mom beat the crap out of him with broom.
Rock Salt As everyone has said it is against the law to shoot at you with rock salt .Think about it (worst case scenario), he hides in the bushes jumps out and you get a face full of rock salt. Assault with a deadly weapon not to mention intent. It sounds like this guy is a little stupid with the threat of bodily harm to others. All this guy has to do is post some signs or gate the road if it's his property.
I know it's a felony to shoot from a vehicle. I'm not sure about the converse. I'll look it up when I get a chance. Quite possible, depending on the circumstances. The only reason I'm not saying that it would be definitely be an ADW would be the use of rock salt (ie. his intent to use non-lethal force). However, that could change if he shot someone at pretty close range or in a vital area such as the face.
