You're entitled to use reasonable force in the defense of your person and house. Shooting a bike rider who is just passing through will most likely result in criminal charges against the shooter and a civil action that his homeowner's insurance will not cover because it was an intentional act, and it was not a reasonable force utilized to protect his person/home. I'm assuming he made the threat to make you (and others) think twice before riding up there again.
I've had this on my todo list at geoladders since I first heard of it last year. I see someone has been riding it in March a few times. Might check with them. http://www.geoladders.com/show_route.php?route=2005
:lol: Maybe we should switch the name to Paul's place...seems like hes up there almost everyday. Anyway, I went up there with Paul and a couple other buddies a couple weeks ago, we did find some students shooting a project at the pool, but no dude with a shotgun. Probably best to ride with someone up there non-the-less.
I dunno if the situation's changed, but I was just through there like 4 or 5 months ago. Wish I'd seen this thread then. :-O
A couple of months ago, some friends and I ran up there from the Trabuco Creek side and came down Rose Canyon. Saw some equestrians coming down and all was pleasant. Saw noone else. Road riding down Live Oak a couple of weeks ago, I saw new fencing and signs on the Live Oak side. Getting more private?
I'm no authority and it may not be worth it anyway to have the conflict, but I live in an area where the roads are called "Private with Public Access". Meaning that both sides of the road are private property, however the road is not "County Owned" yet public access has been established. I think you can go to the County and find out how the roads in that area are designated. Most likely they are just putting out the big scare to get the reputation it's a "no fly zone". But if it is designated as Public Access, there is nothing they can do. I tried to put up a gate on a public access road where I lived at the time that dead ended into National Forest. Little did I know that it was a "not so secret" trail for moto's to shortcut. Even though it was "illegal". One day I was fed up as some moto's came flying through my property (about 100 feet from the house). I fired a shotgun in the air just to try and start the "no fly zone" rumor. Naturally that one time it was some local kids that I scared the hell out of. Parents came over screaming. I assured them. Kids got in trouble, and the sheriff showed up. Did not get in trouble for the shotgun event, yet he told me I could not put up a gate on my own property even though the road ended at the end of my property at the National Forest Boundary line (150 feet?). The dirt road went through the middle of my property and all I could do is call the cops as the Moto's went by (good luck!) It wasn't even considered trespassing! Yeah, this is my life :wave:. The short of it, if they are hateful enough, they will just boobie trap the trail and someone will get hurt. May not be worth the effort....
Was just at the entrance to the trail to Hal's place this morning. It looks like the private property bisecting the trail is all of about 20 yards wide. Meaning, there's a fence at the entrance and 20 yards up the trail is another fence with a sign saying private property. WTF? They're blocking access just because they own that tiny stretch of the trail??
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248 see sections 245. and http://www.shouselaw.com/firearm-offenses.html some good reads. He would go to jail as long as he is not being threatened. If i had this conversation i would have reported him to the police the same day, threat of violence with a gun is a crime as well. We have a friend who's dumb ass husband pulled a weapon on a process server at his door step... He did three months in a local Jail, and was lucky to avoid long term prison. The "he was trespassing" angle did not go far.
Is Hal's Place still accessible? Never been to Hal's. Can it still be accessed from Trabuco Oaks Road or is it no trespassing? Looks like folks have ridden it lately: http://www.geoladders.com/show_route.php?route=2005 but I don't want to get my ass shot.
Legally.., NO. You would be trespassing on private property. Also from what I've heard, the pool was filled in to prevent the kids from going there to hang out, skate and leave trash. The owner was told he would be held liable for anyone getting hurt while on his property since there was not a proper gate or signs keeping people out.
Funny thing: if property is closed and posted,but a trespasser is injured, the owner can be sued. If property is open for recreational use, the owner is not subject to suit.
He can shoot at me with rock salt all he wants but he better get ready when I fire .45ACP back at him......Just sayin
After 4 pages nobody bothered to explain what Hal's Place is. Is it a crackhouse you guys buy crack from or what?
