# Is it legal to boobytrap your own property?

**URL:** <https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425>\
**Category:** In My Humble Opinion\
**Created:** [December 4, 2013, 2:04am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425 "2013-12-04T02:04:00Z")\
**Posts on this page:** 19\
**Page:** 3

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [December 5, 2013, 1:35am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/41 "2013-12-05T01:35:14Z")

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> [@For You](#):
>
> Bad plan. They are like cockroaches, if you see one, do not even try to imagine how many there really are about the area. And loud, sharp noises attract them in droves, never try to shoot a woose with a gun, you will be in for a world of hurt.

crap.

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [December 5, 2013, 2:18am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/42 "2013-12-05T02:18:05Z")

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> [@carnivorousplant](#):
>
> crap.

Speaking of which – hmm, maybe you are better off not knowing about that.

nm

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 3:59am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/43 "2013-12-06T03:59:50Z")

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> [@msmith537](#):
>
> It must be truly terrifying to live in your world.

Only for bad people.

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 4:01am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/44 "2013-12-06T04:01:42Z")

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> [@Trinopus](#):
>
> Bullshit. Nobody says this. This is a childish and cartoonish libel. (But…keep it up. It reveals conservative ethics for what they truly are: shallow.)

Stalin and Mao were socialists and they killed way more people than all the conservatives did.

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 4:07am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/45 "2013-12-06T04:07:08Z")

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> [@GusNSpot](#):
>
> I must wonder at the anger and snark at someone who thinks it is better to be here than where he is. You are anti - immigration by legal means? You want to make even more people have a bad impression of citizens of the USA? :rolleyes:
> 
> Just my opinion and all that… 😛

If that is directed at me, I only object to illegal immigration. After all, I am a legal immigrant myself.

I don’t think being able to own handguns and shoot people meaning to harm me is a bad thing. It’s one of the things I envy about the US.  
In my country I have to let bad people maim me and then complain to the police, as if they are going to do anything about it.

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 4:10am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/46 "2013-12-06T04:10:29Z")

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> [@Lanzy](#):
>
> I have a friend who has traps on his property and I dread the day he injures someone. I have talked to him about innocent people being hurt and what will happen to him legally. His response was, I was stupid and if the law wants him they won’t take him without a fight. You will probably see him in the news someday. I won’t go anywhere near his place now. I think he put up a sign of some kind warning that his property is not safe.
> 
> Yeah, I know he needs professional help, the VA tried but have given up.

What about people with big dogs on their property that will attack an intruder ( that’s what they are programmed to do by genetics )?  
You know, the ones on properties with Beware of the Dog signs.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [December 6, 2013, 4:10am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/47 "2013-12-06T04:10:40Z")

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> [@Doggo](#):
>
> Stalin and Mao were socialists and they killed way more people than all the conservatives did.

Hitler, Stalin, Mao, Pol Pot – all breathed air, drank water, and digested proteins. Well, sir, you don’t want to be anything like them, do you?

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 4:17am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/48 "2013-12-06T04:17:17Z")

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> [@Northern\_Piper](#):
>
> **Doggo** , if by chance you’re posting from the UK, you should be aware that England’s been “PC” on [this issue](http://en.wikipedia.org/wiki/Spring-gun) for close to two centuries. 😛

However, they only recently banned handgun ownership. So now, only criminals get to be able to shoot people.

I’m pretty sure that criminals were regarded as bad people and treated accordingly for most of those 2 centuries, unlike now, when they seem to have more rights than law abiding citizens.

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 4:20am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/49 "2013-12-06T04:20:56Z")

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> [@Siam\_Sam](#):
>
> I reckon “PC world” to him could be any point in time this side of Mesopotamia.

Nah, just since Germaine was let loose on an unsuspecting world. She has a lot to answer for. She’s pretty PO that she didn’t succeed in her main aim though.

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**Author:** ![Gleena](https://avatars.discourse-cdn.com/v4/letter/g/b3f665/32.png) [@Gleena](https://boards.straightdope.com/u/Gleena)\
**Post date:** [December 6, 2013, 4:35am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/50 "2013-12-06T04:35:09Z")

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> [@Gray\_Ghost](#):
>
> You’re an attorney, IIRC, so I’m sure you’re right. But I’m reading Blackstone’s commentaries on criminal law and it mentions the [Offences Against the Person Act of 1861](http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents/enacted), which addresses Spring Guns at [section 31](http://www.legislation.gov.uk/ukpga/Vict/24-25/100/crossheading/acts-causing-or-tending-to-cause-danger-to-life-or-bodily-harm-setting-spring-guns-c-with-intent-to-inflict-grievous-bodily-harm/enacted). I quote: Which tends to make me think that, in 1861 in the U.K., Spring Guns were fine, provided they were set in a Dwelling House, and it was after dark. I’ve got to imagine it’s since been changed, but when did it happen? Or am I misinterpreting the statute?

I’m not Northern Piper, but this is the case: [Bird v Holbrook](http://casebrief.me/casebriefs/bird-v-holbrook/) - I went looking for it the minute I saw something about booby traps. It’s one of the first criminal law cases we learned.

Not it’s after your Blackstone commentaries, and it deals with the setting of spring guns without notice. If you set the trap with notice, you were ok.

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**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\
**Post date:** [December 6, 2013, 5:17am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/51 "2013-12-06T05:17:20Z")

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> [@Doggo](#):
>
> If that is directed at me, I only object to illegal immigration. After all, I am a legal immigrant myself.
> 
> I don’t think being able to own handguns and shoot people meaning to harm me is a bad thing. It’s one of the things I envy about the US.  
> In my country I have to let bad people maim me and then complain to the police, as if they are going to do anything about it.

Was not about you, it was aimed at the _snarky_ ones who were giving you a hard time about your question.

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**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\
**Post date:** [December 6, 2013, 5:20am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/52 "2013-12-06T05:20:32Z")

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> [@GusNSpot](#):
>
> Was not about you, it was aimed at the _snarky_ ones who were giving you a hard time about your question.

Oh, I misunderstood. Thanks.

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**Author:** ![Gray\_Ghost](https://avatars.discourse-cdn.com/v4/letter/g/c0e974/32.png) [@Gray\_Ghost](https://boards.straightdope.com/u/Gray_Ghost)\
**Post date:** [December 6, 2013, 6:03am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/53 "2013-12-06T06:03:28Z")

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> [@Gleena](#):
>
> I’m not Northern Piper, but this is the case: [Bird v Holbrook](http://casebrief.me/casebriefs/bird-v-holbrook/) - I went looking for it the minute I saw something about booby traps. It’s one of the first criminal law cases we learned.
> 
> Not it’s after your Blackstone commentaries, and it deals with the setting of spring guns without notice. If you set the trap with notice, you were ok.

To distinguish Bird from the 1861 Act, the trap was in the garden, not within the dwelling, and I don’t believe it was at night. I’m not sure that notice would be required at that time for a dwelling sealed up at nightfall. Perhaps the law presumed that anyone entering illicitly in that situation was commiting burglary, and therefore not entitled to the duty of care a trespasser should have?

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [December 6, 2013, 6:48am UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/54 "2013-12-06T06:48:01Z")

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> [@Gleena](#):
>
> . . . If you set the trap with notice, you were ok.

My dad set the notice without the trap! He put up a sign saying “Trapguns Installed,” but never actually rigged up a gun.

The Sheriff told him to take the sign down.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [December 6, 2013, 12:24pm UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/55 "2013-12-06T12:24:20Z")

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> [@Doggo](#):
>
> If that is directed at me, I only object to illegal immigration. After all, I am a legal immigrant myself.
> 
> I don’t think being able to own handguns and shoot people meaning to harm me is a bad thing. It’s one of the things I envy about the US.  
> In my country I have to let bad people maim me and then complain to the police, as if they are going to do anything about it.

You poor thing. Would you regard it as insensitive and prying if I asked you to share with us just how many times you have been maimed, and what injuries you have sustained?

Please say you wouldn’t.

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**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\
**Post date:** [December 6, 2013, 2:00pm UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/56 "2013-12-06T14:00:45Z")

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There’s nothing like a half dozen Bouncing Bettys to keep those damned kids offa my lawn!

:: shaking my cane at all of you young juvenile delinquents!::

Yeah, I’m talking about YOU! :mad:

I’m pretty sure it’s legal to have range markers/stakes laid out on your lawn.

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**Author:** ![jrsone](https://avatars.discourse-cdn.com/v4/letter/j/f0a364/32.png) [@jrsone](https://boards.straightdope.com/u/jrsone)\
**Post date:** [December 6, 2013, 2:06pm UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/57 "2013-12-06T14:06:32Z")

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I only “boobytrap” my property when i’m home alone.

wink, wink. nudge, nudge.

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**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\
**Post date:** [December 6, 2013, 11:31pm UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/58 "2013-12-06T23:31:10Z")

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We have a sign at the start of our drive that makes the brown & purple guys leave packages right there, the cowards. Most friends the first time they arrive, call on their cell phones to see if it is alright to come up even though we invited them & know when they are coming.

I like that sign… 😃

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**Author:** ![Gleena](https://avatars.discourse-cdn.com/v4/letter/g/b3f665/32.png) [@Gleena](https://boards.straightdope.com/u/Gleena)\
**Post date:** [December 6, 2013, 11:37pm UTC](https://boards.straightdope.com/t/is-it-legal-to-boobytrap-your-own-property/675425/59 "2013-12-06T23:37:42Z")

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> [@Gray\_Ghost](#):
>
> To distinguish Bird from the 1861 Act, the trap was in the garden, not within the dwelling, and I don’t believe it was at night. I’m not sure that notice would be required at that time for a dwelling sealed up at nightfall. Perhaps the law presumed that anyone entering illicitly in that situation was commiting burglary, and therefore not entitled to the duty of care a trespasser should have?

I don’t think so - from memory, it was a trespassing case, and the guy climbed the fence to chase a cockrell of his that had gotten away. The point was the notice of the spring gun and I think (Northern Piper should correct me) that it changed the law. I should therefore think that notice (remembering this is 1861 and English common law, so outside what we’re discussing here) would have thereafter been required, even in a sealed dwelling-house in the nighttime.

But again, I’m happy to be corrected.

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