I might beat the charge but not the ride-updated

[Chunkychuck]

new-hampshire-man-faces-felony-charge-after-firing-gun-into-ground-near-burglar

A New Hampshire man who fired his handgun into the ground to scare an alleged burglar he caught crawling out of a neighbor's window is now facing a felony charge -- and the same potential prison sentence as the man he stopped.

Dennis Fleming, 61, of Farmington, was arrested for reckless conduct after the Saturday incident at his 19th century farmhouse. The single grandfather had returned home to find that his home had been burglarized and spotted Joseph Hebert, 27, climbing out of a window at a neighbor's home. Fleming said he yelled "Freeze!" before firing his gun into the ground, then held Hebert at gunpoint until police arrived.

"I didn't think I could handle this guy physically, so I fired into the ground," Fleming told FoxNews.com. "He stopped. He knew I was serious. I was angry … and I was worried that this guy was going to come after me."

Read more: http://www.foxnews.com/us/2012/02/21/ne ... z1n2haRQFT

[shooter]

Sounds like he was using his firearm to protect property. No-no.

Sounds like he had the ability to retreat.
Sounds like he was not in danger of life & limb.
No mention of the burglar being armed.

Who was his instructor? Beavis or Butthead?

[ex-LT]

Sounds like he was using his firearm to protect property. No-no.

Sounds like he had the ability to retreat.
Sounds like he was not in danger of life & limb.
No mention of the burglar being armed.

Who was his instructor? Beavis or Butthead?

This was in New Hampshire. Odds are they have different laws pertaining to use of force than we do in MN.

[shooter]

ex-Lt you're quite correct. From my brief research it appears he did not have the duty to retreat, but he was wrong for using deadly force when his life was not being theatened. The papers have shown no evidence of the perp being armed. I suppose I would have used it as a great excuse to leave my gun holstered, stood back and used my cell phones camera to get a shot of the perp, and called it in.

[Jeff Bergquist]

How is safely discharging a firearm as a warning "using deadly force"? I'm not arguing whether it was advisable or not, but the logic behind that charge escapes me.

[justaguy]

How is safely discharging a firearm as a warning "using deadly force"? I'm not arguing whether it was advisable or not, but the logic behind that charge escapes me.

Hence the title of the thread.

[45Badger]

ex-Lt you're quite correct. From my brief research it appears he did not have the duty to retreat, but he was wrong for using deadly force when his life was not being theatened. The papers have shown no evidence of the perp being armed. I suppose I would have used it as a great excuse to leave my gun holstered, stood back and used my cell phones camera to get a shot of the perp, and called it in.

Some of us think the old coot was being generous by firing a warning shot instead of nailing the little POS. As a former resident of the Granite State, you sound like one of those (word can't be used on a family forum) who moved north for our low taxes and abundant freedoms. And then wanted everything to be like the PRM. Not everybody wants to be like Massachusetts or Minnesota. Really.

[Eric Marleau]

I have a question Badger, but please don't take it wrong.

For stealing lets say, a TV from a neighbors home, the intruder should be shot. Death penalty for taking a TV? This isn't what I teach. Tell me where I'm wrong please.

Just a question.

Eric

[Jeff Bergquist]

I have a question Badger, but please don't take it wrong.

For stealing lets say, a TV from a neighbors home, the intruder should be shot. Death penalty for taking a TV? This isn't what I teach. Tell me where I'm wrong please.

Just a question.

Eric

It wasn't addressed to me, but I don't accept the term "death penalty" in this context. A penalty is a punishment after the fact, where you have the time and opportunity to determine fairness and appropriateness. Being shot while violating someone's home and stealing their property is therefore a consequence and not a penalty. I have no problem with the idea that B&E and burglary potentially can (and IMO should) be very hazardous to ones health.

[Eric Marleau]

Here is the way that I look at it.
If someone is stealing from my neighbor's house, I call the police, load up, and get ready to defend my family if needed.
Anything more is vigilante justice.

Eric

[Jeff Bergquist]

Here is the way that I look at it.
If someone is stealing from my neighbor's house, I call the police, load up, and get ready to defend my family if needed.

As I have done in the recent past.

My previous post is more about defending ones own property than someone else's, but I still object to using loaded language such as "Death Penalty" for such situations. IMO no sane person wants to shoot anybody, but also IMO, anybody who gets shot while robbing, raping, burglarizing, or attacking someone, the fault lies squarely on their own shoulders.

[justaguy]

Here is the way that I look at it.
If someone is stealing from my neighbor's house, I call the police, load up, and get ready to defend my family if needed.
Anything more is vigilante justice.

Eric

Some might say thinking like this is one of the reasons our country isn't what it used to be.

[Eric Marleau]

It isn't like it used to be.
It used to be like the old west, and even then, law came, and the old time lawmen like Earp gave up the vigilante stuff.

Cowboy mentality won't cut it now days.

Eric

[justaguy]

It isn't like it used to be.

Thats the problem.

used to be like the old west, and even then, law came, and the old time lawmen like Earp gave up the vigilante stuff.

The county wasn't at it greatest during the time of Earp. Dont confuse giving a **** with being a vigilante.

Cowboy mentality won't cut it now days.

Neither will burying your head in the sand and saying "not my problem".

[shooter]

ex-Lt you're quite correct. From my brief research it appears he did not have the duty to retreat, but he was wrong for using deadly force when his life was not being theatened. The papers have shown no evidence of the perp being armed. I suppose I would have used it as a great excuse to leave my gun holstered, stood back and used my cell phones camera to get a shot of the perp, and called it in.

Some of us think the old coot was being generous by firing a warning shot instead of nailing the little POS. As a former resident of the Granite State, you sound like one of those (word can't be used on a family forum) who moved north for our low taxes and abundant freedoms. And then wanted everything to be like the PRM. Not everybody wants to be like Massachusetts or Minnesota. Really.

Actually, I was born here and have lived here my entire life. So much for your astute analysis. NO ONE hates criminals and the damage they cause more than I do. I for one would love to see the laws enforced and scum like this burglar working on a prison farmn for the rest of his life. What I DO object to, and the reason for my post, is that quick-draw types just itching to pull their piece on someone give the entire law-abiding, legally carrying community a bad name. We as a community of gun owners HAVE ENOUGH TROUBLE without trigger happy would-be vigilantes making the national news and giving the entire voting public a skewed and incorrect image of us. I would love for you to find me a single P2C instructor, here in MN or in any other state who agrees that what this guy did was a good idea.