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Author Topic: New Hampshire man arrested for firing gun into ground while catching suspected b  (Read 434 times)

Online sbhaven

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I've had people actually tell me that it's smart to make sure you always fire a warning shot.

Well, I will tell you a smart(er) thing to do:

Ignore those idiots.

Those are the same idiots who tell you to shoot to wound. Like shoot the bad guy in the leg or arm. Or shoot the gun out of their hand. If someone is determined to kill you, if you fire a warning shot the bad guy may be able to close the distance to stab, shoot, punch/kick you.

Listening to those folks can get you killed.
« Last Edit: February 22, 2012, 08:21:43 AM by sbhaven »

Offline MadSmith

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Attack on the Second Amendment?: New Hampshire Man Arrested for Firing Warning Shot During Burglary

Quote
Judge Andrew Napolitano weighed in on the case, saying, “This is either a serious oversight on the part of the police or a serious misunderstanding on their part as to what our individual rights are under the Second Amendment, which, of course, would trump any local law in New Hampshire.”

Napolitano cited two Supreme Court decisions which rule that if you legally own a gun, you can use it on your property to protect the people who live on the property.

He thinks that the police will probably make the argument that this case is different because the suspect was coming out of a neighbor’s home, and was not on Fleming’s property at the time the shot was fired.

Napolitano predicted that the case will not be tried, and Fleming will never be prosecuted “for acting in this uniquely American way to protect his property and to protect his neighbor’s property.”


More:
http://foxnewsinsider.com/2012/02/22/attack-on-the-second-amendment-new-hampshire-man-arrested-for-firing-warning-shot-during-burglary/
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Online sbhaven

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Good news. Felony charges are dropped.
Update: Felony Charges Dropped Against NH Man Who Fired Warning Shot During Burglary
http://www.theblaze.com/stories/update-felony-charges-dropped-against-nh-man-who-fired-warning-shot-during-burglary/

Quote
The County Attorney supported the initial decision on the scene to make an arrest, but after further consideration decided charges would have been unjust, writing in a press release that:
 
“My review of this situation was based on the circumstances under which a shot was fired and whether other citizens were placed or may have been placed in danger of serious bodily injury. The facts available at the scene on Saturday supported the charge of reckless felony conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust.”

Offline MadSmith

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Excellent.

I showed this to my GF, and she asked an interesting question:  Would the grandfather have been charged with assault had he nailed the burglar with bear spray in his neighbor's property?
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Online mjc104

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Here's the proper scenario:

1.-" BANG, BANG, BANG"

2.-"Stop or I'll Shoot!"

Offline Buster0510

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Obviously the County Atty. made the correct decision in this case.  Too bad the cop on scene didn't see it differently!