New Hampshire man jailed for Discharging Firearm

[dusterboy49]

Foxnews.com
Man came home, found that his home had been broken into.
He then witnessed a man coming out of his neighbors window.
The homeowner fired a shot into the ground and held the suspect until police arrived. The homeowner was then arrested for being reckless.

 

[printcraft]

I hope 2012 is the year it all ends. Seriously the world need an enema.

 

[superjoe76]

Beam me up Scotty, there's no intelligent life on this planet!

 

[Scutter01]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

 

[dusterboy49]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

I don't know what NH law is regarding discharge of firearms.
The story also stated that the prosecutor would review the incident to see if charges against the homeowner would be filed.

 

[Indy_Guy_77]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

Pretty much this.

-J-

 

[Liberty Sanders]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

Is there anything in Indiana law that prohibits warning shots?

 

[Bunnykid68]

Is there anything in Indiana law that prohibits warning shots?

Unlawful discharge of a firearm in city limits

 

[jgreiner]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

Actually, state law seems to encourage you to fire at the suspect, rather than fire a warning shot. I can see this law being amended. He didn't kill the guy....he handled it better than the state law dictates. (Ours as well).

I don't consider firing into the ground acting foolishly. Shooting into the air is far more so (bullet has to land somewhere).

There are a lot of dumb laws on the books in all states. Sometimes it takes a situation like this to point some of them out.

 

[Cavman]

At least the guy put the warning shot into the ground. He could have shot the neighbors house or shot into the sky. At least he used some good judgement.

 

[henktermaat]

"Live Free Or Die" My ass.

 

[printcraft]

I know this was in NH, but Indiana law makes no provision for a "warning shot". You either shoot to stop the threat or you don't shoot. Explain to me why he SHOULDN'T be charged for acting foolishly?

I would never convict the guy if I were on a jury. I'll tell you why.

The law is being interpreted as black and white.
Same as the zero tolerance, no thinking nonsense that goes on in schools.

The circumstances that we know of in this case I believe would override the "reckless use of a firearm" statute.
If he were randomly shooting into the ground without just cause
then yes, I would follow the statue and vote to convict on that basis.
BUT as in the Liberty Sanders case, the man had justifiable reason to use force.

The perp was already breaking the law that we all know is correct.
Stealing is wrong, there is not a gray area there.
With the guy shooting, shooting is right or wrong depending on the circumstances surrounding the act.

For a prosecutor to go after a citizen that was defending his property
and potential life against the perp (again, he said he thought the guy might come for him)
would be a terrible miscarriage of justice.

Being a robbing scumbag as an occupation carries with it certain risks.

The homeowner did not ask for this to happen, he probably would
have been happy to live his life with something like this never happening to him or his family or friends, like any of us would.

 

[Hornett]

Actually, state law seems to encourage you to fire at the suspect, rather than fire a warning shot. I can see this law being amended. He didn't kill the guy....he handled it better than the state law dictates. (Ours as well).

I don't consider firing into the ground acting foolishly. Shooting into the air is far more so (bullet has to land somewhere).

There are a lot of dumb laws on the books in all states. Sometimes it takes a situation like this to point some of them out.

This.
Who here has NOT fired into the ground at some point?
It is generally accepted as safe.
AND no, I don't know if the guy checked the area for rocks, water, or solid objects before he fired into the ground, but I am giving him the benefit of the doubt.

 

[blamecharles]

After thinking about this for a minute this shows that armed citizens don't want to shoot people, but still want to do the right thing. It also shows that the system just want to make you a criminal instead of doing the right thing.

 

[blamecharles]

Beam me up Scotty, there's no intelligent life on this planet!

Thanks for the new sig line. I'm stealing it so don't shoot the ground.

 

[goinggreyfast]

I'm just curious as to why Mr. Homeowner felt the need to fire a shot into the ground. If someone points a shotgun at me, I'm going to assume it's loaded and do what I'm told. Good lesson to be learned here.

 

[Jaredjosh]

I know the law is the law but what ever happened to exercising a little common sense. The guy stopped a burglary and no one was hurt. He fired into the ground not the air. I don't see much difference in firing into the ground verses firing into a dirt backstop.

The law shouldn't be so black and white when people have the ability to reason and use a little common sense.

 

[squirrelhntr]

I hope 2012 is the year it all ends. Seriously the world need an enema.

THIS.

 

[griffin]

UPDATE: charges dropped.

Charges against man who fired warning shot at man suspected of robbing his home dropped

But holy crap, no wonder he was arrested. He was using a 150 caliber (1.5") gun! Story says he was using a 38 mm handgun!

 

[rockhopper46038]

Glad to see charges dropped. Sorry to see the gentleman apologize, but I bet that was part of the agreement to drop the charges. PA didn't want to look bad, but can't have people out there thinking it's ok to defend themselves, you know.