Ask the Attorney: Can I Shoot a Trespasser on My Property?

In nearly every state, the answer is no—not unless you’re legally justified to use or threaten deadly force. Simple trespassing doesn’t meet that standard. There must be an immediate threat—someone advancing on you with a weapon, about to throw a brick through your window or otherwise threatening serious harm.

Consider the now-infamous 2020 case in St. Louis of Mark and Patricia McCloskey, a lawyer couple, who pointed firearms—a rifle and a pistol—at Black Lives Matter protesters who had entered their private street. Their actions sparked felony charges for unlawful use of a weapon. The couple later pleaded guilty to misdemeanors; though their convictions were eventually expunged and pardoned. After five years and three lawsuits, Mark McCloskey just recently was able to get back his AR-15 used in the incident. He was still awaiting the return of the handgun his wife held. The case highlights how easily a response to trespassing can escalate into criminal liability, even when it appears, the case is clearcut in the property owners favor.

Virginia attorney Gilbert Ambler warns that even letting a trespasser see your firearm could lead to brandishing charges, so don’t roll out your front door toting your AR while shouting “get off my property.” Courts there often side against armed civilians in these cases.

Missouri attorney John Schleiffarth explains that in his state, pointing a gun without facing an immediate deadly threat can get you hit with a felony unlawful use of a weapon charge, same as if you fired a gun in an unwarranted situation. Warning shots? Same story—still illegal unless you’re justified in using deadly force.

Louisiana attorney James Reeves emphasizes that the word trespasser alone doesn’t grant you the right to draw your weapon. There’s a big difference between a kid cutting through your yard (civil trespass) and someone trying to break into your home at 2 a.m. (criminal trespass). In the latter case, you may be justified in using or threatening force—but only if a real threat exists.

Georgia attorney Matt Kilgo says you cannot shoot a trespasser in the state, but you can threaten force on your own property—such as showing a gun and telling someone to leave. But off your property, like in a road-rage scenario, that same act could land you with a quick charge of felony aggravated assault.

Kilgo stresses that force must match force. Deadly force—or its threat—is only legal to stop death, great bodily injury or a forcible felony (one involving the threat of personal violence, like burglary). Pointing a gun without that threat may still trigger misdemeanor or felony charges, depending on the circumstances.

All of these lawyers specialize in gun law and work with U.S. LawShield as Independent Program Attorneys serving the members of the organization in their respective states.

Across all states, the governing standard is whether a reasonable person—knowing what you knew—would view the use or threat of deadly force as necessary.

Bottom line: When in doubt—call the police. Drawing a gun should be a last resort, not a way to “send a message.” Make decisions based on the law—not emotion—because the cost of being wrong can be your freedom.