Booby Traps: Are They Legal for Home Defense?

As is the case with most legal questions, the answer to whether booby-traps are illegal is, "it depends." It greatly depends on your definition of a booby-trap and whether or not that fits a scene from Rambo or merely an impediment to a burglar with no intent to harm. We're not lawyers here at MIRA Safety, and we're not going to give legal advice. 

What we can do is run through the history of such devices and give you some proper context to make the right decision for your home and your family. It is also important to consider the context in which you are considering such devices. 

With a fully functioning legal system intact, you'd do well to avoid turning your home into a death trap. However, if it's been two years since an EMP ended civilization as you know it, well, you know what to do. In the meantime, let's jump right in. 

Introduction and Historical Context

The proverbial trap has been around since humankind first started hunting big game. Allowing a large tiger to fall into a pit or Native Americans guiding buffalo towards a cliff known as a buffalo jump is just man's fight for resources. Utilizing such ingenuity to kill or injure their fellow man has given way to what would eventually be known as the "booby trap." 

Introduction to Booby Traps

The term "booby" can be traced back to the 17th century to describe a simple minded person that can be easily deceived. That's how we have come to refer to the modern booby trap, but the device itself has been around for quite some time. An object designed to cause injury to others in a surprising and unsuspecting manner could easily fit the category. 

It is important for the prepper and the LEO alike to be aware of the various types of such contraptions as one doesn't need to be an actual idiot to fall prey to one. Some of our finest men and women in Vietnam found themselves on the wrong end of a simple sharpened bamboo stick with devastating effect. As such, we're going to run through the history of these ingenious inventions as modern day creations are merely upgrades of a very old game. 

History of Booby Traps: From Ancient Times to Modern Warfare

Perhaps one of the oldest and more known forms of booby traps come from ancient Egypt. Hollywood has created remarkable representations of ancient Pharaohs and their desire to keep their treasures secure in the afterlife. Hidden pits, collapsing ceilings and more, any grave robber would have his work cut out for him. 

Upon the discovery of the tomb of Chinese emperor Qin Shi Huang's tomb and the famed terracotta warriors, ancient writings speak of a plethora of traps. Hidden crossbows set to fire automatically and rivers of mercury designed to poison any intruder are rumored to litter the tomb. 

The advent of gunpowder gave way to devices with more lethal effect. Tripwires that set off charges were used and those would eventually give way to the dreaded landmine by the start of World War 1. It is estimated that over a half million souls have lost their lives at the hands of a landmine, with the majority of casualties in modernity coming from civilians. 

Finally, the Global War on Terror introduced the world to the Improvised Explosive Device (IED). An estimated 3,000 plus American service members died at the hands of the IED with thousands more wounded on top of that number. It is unfortunately just the latest innovation of surprise and lethal arms married together as one. 

What frightens us most about the future of such warfare is the proliferation of chemical, biological, radiological, and nuclear (CBRN) threats. The mass casualties that would come from incorporating such elements into surprise mechanisms of mass destruction are chilling. We are often asked why we spend so much time promoting our CBRN Gas Masks. We tell people that it is partly due to threats we know about, but mostly due to the threats we cannot yet imagine. 

Types of Booby Traps

Next we're going to dive into more detail regarding the various types of surprise weapons of war one might encounter. For the purposes of this discussion we are going to break it down into mechanical, explosive, and non-lethal. 

Mechanical Booby Traps: Simple but Effective 

In modernity, there is perhaps no greater deployment of mechanical booby traps than those that came out of the Vietnam War. The jungles of Vietnam provided ample cover for such weapons and the punji stick, sharpened bamboo, was greatly feared by American service members. 

The Vietcong were experts at guerrilla warfare and they deployed punji sticks in a variety of pits, trip wires, swinging planks and more that terrorized the average American foot patrol. Not every contraption was intended to kill, but they were often enough to take the soldier out of the fight. 

Once again, if you set up a trap with sharpened sticks designed to penetrate so much as the shoe of an intruder, you could face legal consequences. However, it still remains that these devices are remarkably easy to set up and extremely low tech. In a post-EMP environment when electronic devices are fried, you can be certain that individuals unconcerned with the law would deploy such devices. 

Explosive Booby Traps: Dangerous and Powerful

When a mechanical trap is triggered by the presence of another person, it is often just the individual that pays the price. Explosive contraptions are more indiscriminate and can kill or harm any human within the blast radius. Moreover, such instruments of death can be remotely detonated which means the person who placed the device or set up the trap can execute at just the right moment. 

Perimeter defense is perhaps one of the best uses of explosives in this manner as it provides both an early warning to the defenders and an immediate blow to the attacking force. Claymore mines are one of the more commonly used in this manner. Both sides of the DMZ between the Republic of Korea and North Korea can be described as a claymore mine's paradise. 

However, insurgents in Iraq and Afghanistan made do without such western weapons. They constructed crude IEDs with artillery shells, mortar shells, and other explosives that were detonated with a cell phone or pager signal. Such bombs were quite deadly and took a significant toll on American forces. 

Once again, if you set up an IED to catch the kid trying to steal your lawnmower out of your garage, expect a visit from law enforcement. If, however, the world looks more like Mad Max Fury Road than a functioning Western Democracy, well, you do what you need to do. 

Non-Lethal Traps for Home 

To surprise a human or trespasser is not illegal. To inhibit their movement or alarm yourself to their presence is equally not illegal. For example, a motion activated flood light is in many ways a non-lethal booby trap. It is triggered by the actions of an individual, but instead of a barrage of poison arrows, they get some bright LED light that brings attention to their presence. 

You can let your imagination run wild in deploying such contraptions, but you cannot deploy anything designed to kill or maim in the current legal framework. Again, Mad Max Fury Road, a different game. You can also get creative with inventions that prohibit an intruder from having easy access to certain entryways and access points.

A sharp thorn bush underneath a first floor window is landscaping, not an intent to kill or maim. You can get remarkably creative in the non-lethal arena in order to present your home a harder target than the next guy. Oftentimes, that is all you need to do. Make your home look less inviting than your neighbors. Sucks for your neighbor, but your primary responsibility is your home and your family. 

Legal and Ethical Considerations

We've mentioned the legal and ethical considerations at several points in this article because we don't want anyone to get confused about our intent. We are in the business of offering amazing safety products to those who know how to prepare for the day most people dread. If you need affordable top notch Level 4 Body Armor, we got you covered. If you need a full set of CBRN MOPP gear, we got you covered. What we don't traffic in is irresponsibility. That's why we separate the difference between the deployment of such contraptions during the era of law and order and the era when no law or order is to be found. We currently exist in the prior. 

Legal Implication of Using Booby Traps for Home Defense

Deploying booby traps on your property is not just a risk to the bad guys. Now, you can be certain that if you drop the cat burglar into a pit full of punji sticks that he will play the victim and sue you for every last dime. However, you also have to consider the safety of law enforcement and other first responders. 

If you call 911 for a heart attack and you fail to answer the door, protocol dictates that the authorities make the breach. If they are greeted with the full spread of a homemade claymore mine when they do, you've done them a disservice. The presence or actions of the good guys should weigh heavily in your decision to harden your perimeter with deadly intent. 

Bottom line, the deployment of dangerous booby traps for civilians is prohibited. Again, you can get as creative as you want when it comes to non-lethal and non-injurious devices. Think early warning and impediment. Regardless of the nefarious actions of the victim of such traps, you will be held liable. Be smart. Until it is Mad Max Fury Road time, play by the rules. 

Ethical Dilemmas: Should You Use Booby Traps?

Finally, let's ask the question if you are wrong to harden your defense with the element of surprise. The answer is a resounding, no. Lights, thorn bushes, awkward furniture, items designed to fall in the path of an advancing intruder, and anywhere your imagination can take you are legit choices. When in doubt, always be hardening your defense. 

During the GWOT wars, Marine General James Mattis is famed for saying to his Marines fighting an insurgency, "Be polite, be professional, but have a plan to kill everyone you meet." That's the spirit when it comes to understanding booby traps. 

In the western civilized order under the rule of law, be polite and be professional with your booby traps. However, never forget that the dystopian future of Mad Max Fury Road is closer than most care to admit. As such, study these contraptions and have a plan for the day most people dread. So that when someone comes to do your family harm and there is no LEO to call, you stand your ground. Stay frosty friends and continue to train and prepare.